In this matter, Philip Chitambo Nyirenda had sued Banda who was selected as Chief Kazembe.
High Court Judge Maria Kawimbe said when she delivered her judgement dated March 17th 2017 that the plaintiff had failed to prove any of his claims against the defendant.
Ms Justice Kawimbe said that for the avoidance of doubt, Banda was the rightfully installed Chief Kazembe IX.
“Albeit, the defendant’s claim for damages against the plaintiff has not been proved and is therefore unsuccessfully. Costs are awarded to the defendant to be taxed in default of agreement,” she stated in a judgement obtained by Times office.
She said she was satisfied that according to the Chewa system of succession which was matrilineal adding that Nyirenda was not entitled to be enthroned Chief Kazembe.
Ms Justice Kawimbe ruled that Nyirenda was disqualified from the throne of Kazembe IX.
“I am satisfied on the evidence adduced by DWI(Vincent Banda) the grandson of Lina Phiri who traces his ties to the royal family through matrineal lineakage was entitled to inherit the throne of Kazembe IX.I accordingly declare that he is duly appointed chief,” she said.
Ms Justice Kawimbe stated that she found the explanation plausible and affirms the matrineal heritage of the Kazembe throne from the eldest female member of the Lina Phiri family.
She said the history of the Chewa people of Eastern Province was well documented.
Ms Justice Kawimbe said Kazembe chiefdom was Chewa and follows the strict Chewa matrimonial system of succession.
She said the inquiry set up by Paramount Chief Kalonga Gawa Undi on the Kazembe chieftaincy on 28th June 2006 affirmed that the Kazembe throne was matrilineal.