Farmers sue Central District Council P600 000 for damages

26 Jul 2018

Two farmers, Doreen and Moreen Motlhoki who are based in Gweta village have taken Central District Council to court demanding over P600 000 as compensation for damages. The case is before Francistown High Court Judge Bengbame Sechele. 

According to their particulars of claim sometime in March 2017, Central District Council negligently caused redirection of excessive waters into their ploughing field at Dikomano Lands in Gweta. The redirection of water was allegedly done to minimize the adverse effects of floods.

The plaintiffs are of the view that Central District Council failed to do a proper and reasonable enquiry into all the adverse effects of redirection of waters which resulted in the destruction of their field, crops and farm equipment. They further claim in their court papers that following the redirection of the waters, the waters entered into their farm causing massive damage to their produce particularly tomato plants, green mealies and several seedlings as well as other crops. Further, the plaintiffs claim that their Honda water pump, dripper pipes and wells were also damaged.

“Due to the aforesaid damages, the plaintiffs suffered damages in the sum of P604, 045 which defendant has notwithstanding lawful demand failed and or refused to pay,” reads part of the claim.

The reliefs sought from the court by the plaintiffs is the payment of damages in sum of P604,045.00, Interest at 10 percent per annum from date of judgment  to date of final payment, cost of suit and any further or alternative relief.

The plaintiffs are represented by Morris Ndawana while Central District has engaged Olatotse Solomon Attorneys.

On the other hand, the defendant (Central District Council) has filed a notice to defend against the plaintiffs claim on the basis that the plaintiffs suffered no damages; that there is no factual or legal basis for the claims. The defendant prays that the claim be dismissed.

The parties will have their final pre-trial conference on the 1st of August 2018.