Court grants Old Brenthood residents injunction against Victoria hospital

The Lusaka High Court has halted plans by Victoria Hospital Limited to convert its old facility into a COVID-19 screening and quarantine centre following an application for injunction by the residents of Brenthood Drive.

High Court judge Gertrude Chawatama granted the Old Brenthood Drive Neighbourhood Association an injunction restraining Victoria Hospital and three leaseholders of the property unit, Sumati Naik, Nimesh Naik and Janesh Naik, from converting the old hospital into a COVID-19 centre.

She said this decision was based on the fact that she had considered all the relevant evidence at the time the injunction was sought, and came to a conclusion that the claim by the plaintiff is not frivolous or vexatious and has some prospects of succeeding, contrary to an affidavit filed by the defendants.

Association chairperson Alick Sakala had sued Victoria Hospital, seeking an order that the four defendants desist from causing any nuisance or breach of the right to quiet enjoyment of the plaintiff.

He also sought an order of injunction to stop the usage of Victoria Hospital as a facility for COVID-19.

However, Victoria Hospital Limited and three others prayed to the court not to grant the injunction.

One of the defendants, Janesh Naik, stated in an affidavit opposing the the Association’s application that they have not caused any nuisance as the facility was being used for its intended purpose, which was to operate as a hospital.

He stated that the application to convert use of the property was approved by the Minister of Local Government and Housing and communicated to the defendants by the director of Planning of the Lusaka City Council on September 7, 2009.

In her ruling, however, judge Chawatama, stated that she found it necessary at this stage to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages.