THE Cross Border Traders Association (CBTA) and Southern Cross Borders traders Limited has filed an interim injunction in the Livingstone high court restraining Hitchins and sons general dealers from evicting them from their trading premises.

CHALI MULENGA, Livingstone
THE Cross Border Traders Association (CBTA) and Southern Cross Borders traders Limited has filed an interim injunction in the Livingstone high court restraining Hitchins and sons general dealers from evicting them from their trading premises.
Hitchins and sons general dealers is the first and James Peter Alan Hitchins as the first and second respondents respectively.
Over 500 marketeers filed through interim injunction AMC legal practitioner of Livingstone pending determination of the matter by the high court.
In an affidavit in support of the interim injunction signed by Southern Cross Borders traders Limited, chairman, Simon Chande said the respondents did not follow the law as he did not given the traders six months notice as required by the law.
Mr Chande said the letters to evict them were done in bad faith without notice and hearing the views of the applicants as stakeholders.
He said the implementation of the eviction notice directing the traders to wind up operations and restricting its business is a seriously hurtful to the traders.
Mr Chande said this would affect the business inters and good will which has built for over a year.
“Unless this honourable court grants the applicant a prohibitive interim order of injunction to restrain the respondent themselves, either by agents such a director particularly one James Peter Alan Hitchins and its staff or whomsoever from evicting the interfering our quiet enjoyment of the premises let to us the respondent will proceed to implement the eviction,” he said.
Mr Chande said the respondents have continued to collect rentals and payment for bills despite purportedly giving six month notice in June 11, 2013.
“We have been paying rentals, market levies including Zesco, storage, water and toilet bill timely and we are up to date with the rentals as demanded by the respondent,” he said.
He said when they got the stands they made 280 stalls and conduct their businesses as approved by the respondent adding there was been high demand from the 400 traders.
“When the respondent was letting out the premises to us, it is an agreed term of the agreement that the premises would be run as a commercial entity and that the rental would be charged as a commercial rate of kwacha fifteen million(K15,000,000) as a deposit payment  rentals in 2010,” he said. 
One of the exhibits filed in the court is a letter dated 18th January, 2016 which was written by the respondents and  gives the traders 14 days eviction notice to leave and it is effective 1st February, 2016.

End

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