Schwager is claiming compensation of Sh15 million due to ongoing disturbances from nearby construction activities that have forced him to vacate his property.
In a civil case filed at the Vuga Court in Zanzibar, Schwager outlines his grievances regarding the management practices of CPS Live.
The case came up for mention on Monday, September 23, 2024 and was adjourned to Thursday, September 26.
Schwager in his plaint alleges that the developer has made significant changes to the original master plan without consulting property owners, resulting in noise, dust, and disruptions caused by construction and brick-making activities over the past two to three years.
Schwager, who has lived in Fumba Town since July 16, 2021, says he purchased his apartment with the expectation of a well-managed residential community.
However, he claims that essential amenities, such as a communal wastewater treatment plant, roads, lights, and landscaping, are either missing or incomplete, raising environmental and health concerns.
The plaint emphasises a lack of transparency in the developer’s management, specifically regarding service charge invoicing and the overall accounting practices since 2021.
Schwager asserts that he has been overcharged for service fees based on incorrect measurements, leading to a demand for a refund of $387 for excess payments made between 2021 and 2023.
The legal action details a series of unsuccessful attempts to address these issues with CPS Live through correspondence, including letters sent in early 2024.
Despite these efforts, Schwager claims the developer has failed to provide satisfactory solutions, prompting him to seek judicial intervention.
In his request to the court, Schwager is demanding several remedies, including the installation of a communal wastewater treatment plant to address environmental concerns, a refund of the overcharged service fees and a human health risk assessment related to internet aerial installations.
He is also demanding a halt to the ongoing disturbances from construction work, a reduction in annual service charges until necessary amenities are completed, and transparency regarding the accounting of service charges and ownership of service providers
Additionally, Schwager is also seeking compensation for disturbance costs, legal fees, and coverage of all legal expenses related to this matter.
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