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Tuesday, March 2, 2021

High Court declares HH rightful owner of Farm 1924 of Kalomo

General News High Court declares HH rightful owner of Farm 1924 of Kalomo

The Lusaka High Court says UPND President Hakainde Hichilema is the rightful owner of kalomos farm number 1924 and has since dismissed with costs the matter in which the opposition leader had been dragged to court for criminal trespass and fraudulent acquisition of the said farm.

Mr. Hichilema through his lawyer Marshal Mucheende of M and associates had asked the court to dismiss the matter for being statute barred as it was brought way after the statutory 12 year period in which a matter of such nature can be brought before court.

In her ruling, High Court Judge Catherine Lombe Phiri said it was folly for the plaintiff to expect the court to believe that she was not aware of the defendants activities of fencing the said property and placing his workers on it to show the extent of its acquisition while Ministry of Lands documents have proven that the parties were aware of the transaction in 2005.

Judge Lombe Phiri said she finds the version of the plaintiff with regards to the transaction not only conflicting but also confusing hence her reliance on the version by the defendant which is backed by documents and find that the plaintiffs were in fact aware of the transfer of the property to the defendant whether by themselves or through the late Bernard Mazuba in 2005.

The court further found that in the event that the plaintiffs were not party to the transaction,they would have with reasonable diligence discovered the alleged fraud as the particulars of the transaction were available in a public register at the Ministry of Lands and had a duty as the Administrator of the Estate for the late Samson Siatembo to properly administer it to avoid dilapidation.

The Judge said the plaintiffs sat on their rights and has come too late in the day to attempt to stop the running of time by relying on fraud and added that section 26 of the limitation Act in relation to fraud and misrepresentation is clear as it provides that there ought to have been some reasonable diligence on the part of the plaintiff in order that fraud be relied upon hence not appropriate for her to rely on the said piece of law.

Judge Lombe Phiri in dismissing the matter said the right to sue rose in 2005 in accordance with section 4 and 10 of the Limitations Act hence dismissing it for being statute barred as it has been brought 16 years after instead of the mandatory 12 years.

The plaintiffs Pheluna Hatembo and Milton Hatembo were represented by Counsel L Mumba of Fred Jere and Company whose managing partner is Grandview International Proprietor Bokani Soko.

90 COMMENTS

  1. Kaizer Zulu mwaloba ilyauma. This guy will be on the ballot whether you like it or not. Now copper belt has moved away from pf chaos. Lusaka is also gone. 2021 is bad for pf. You are losing in broad day light. You have failed – no employment, no economy. Total failures pf

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  2. The only thing PF can boast and be proud of is $27 billion debt. Corruption to the hilt and cadres becoming ministers and millionaires.

    Our hospitals and clinics are in deplorable state. A person would rather recover at home then going to the hospital which is a death trap

    Lungu the thief and drunkard

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  3. @Twende,if you think HH’s UPND can win Lusaka and Copperbelt,then dream on!!!That cannot happen-mark my words.HH can only narrow the gap in the two provinces and not coming out first!!Recall,HH has never won the two urban provinces since 2006!!

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  4. Now that this plan has failed they are busy digging and scheming to malign HH once again.
    I pity them they spend sleepless night like a diarrhea patient.
    What God has blessed no man can touch.

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  5. Now sue Tayali for killing Public prosecutor Nsama Nsama, his pay master Bokani Soko who gave Tayali free lawyers will pay court costs.

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  6. The plaintiffs Pheluna Hatembo and Milton Hatembo were represented by Counsel L Mumba of Fred Jere and Company whose managing partner is Grandview International Proprietor Bokani Soko who is a close friend of Mr Hichilema’s fiercest rival, President Edigah Chagwa Lungu. That is where the story leads.
    1 – 0 to HH in the first leg.

  7. HH should sue kanpyongo for this unhonourable remarks –
    Watch “kanpyongo Hits Hakainde Hichilema & the UPND Hard” on YouTube

  8. We knew HH was on sound legal grounds on this issue. This dispute should have rightly been left to be resolved via the Courts. There was no need 4 ZPS and Tayalis of this World to get involved in this Case which was already b4 the Court. There was no need for the Police to politicise a matter which was subjudice. Shame on Tayali and Nawakwi rubble rousers.

  9. The law is funny, Akainde steals a farm from a peasant, the peasant doesn’t complain for over 12 yrs and boom, the thief is the owner of the farm?????

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  10. I feel sorry for the poor family in this case. How were they to know that suing was an option in 2005. Education is needed in Zambia. Needed yesterday. God’s people perish their due to lack of education. This is a win for Zambia and the judiciary. They get insulted all they time but stay steadfast. Even if you don’t like HH, and his angry ways. He won this lawfully.

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  11. We respect the court’s ruling. This is what it means to live in a country with a rule of law. The court’s have decided and should the need to appeal arise then let those who feel thr need to , do so.

    People win and lose cases, that is reason we have courts of law to make judgments. There is nothing sinister here. Let us move on to more important issues. The ghosts of hh will always follow him but they won’t develop this nation. Amen

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  12. It is shocking to see people linking our party with this case. Last I checked the pf was not party to any proceedings. So why involve us in hh petty cases. We are way above this and too busy with governance to care about a case involving a mere private citizen who we govern.

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    • Only in self denial would one accept that PF with its surrogates had no hand in this. Anyone sitting on the terraces as the matter was in the court arena and has a heart must feel pity for the plaintiff who also out of greed could have been used by sly people whose interests were beyond understanding of the plaintiff in the matter! The plaintiff got played and like many others her usefulness to the sponsors is no more and so are the ties! While there could have been a crowd urging the plaintiff on, she forgot that in court facts matter and when placed in the witness box to respond to questions one only has themselves to coordinate thoughts and answering the questions!

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  13. The identity of the senior managing partner for the law firm says it all. The obsession to retain power at all costs is frightening. If only PF could multitask, our economy could be better. Now entire country suffers bcoz of their obsession with power at expense of economy.

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  14. @ hh: GOD FORBID! YOU denied TO HAVE SOLD, NOW YOU ARE POSITIONING YOURSELF TO SELL? WHAT NEXT WOULD YOU AUCTION AFTER THE GULF? – Just asking with other VOTERS!

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  15. Here we go again Bally, your accusers coming in tonnes but fleeing n scattering in all directions. Who is still standing to bring up more tramped up charges Boss? Zeeeeero!

  16. Too busy with governance…!!! Really …!! Of lawless cadres maybe who are let loose on the innocent citizens in markets, stations & farms busy grabbing land

  17. Celebrating the judgement. Can the villagers in the case understand the technicalities of the law? Why did the lawyers not know these technicalities and advise the villagers accordingly. What big forces where behind this case.?

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  18. So, the PF Attorney General, Public Prosecutor and government legal advisor were all ignorant that some cases are TIME BARRED and would not stand in the courts of law – hop PF understands what third term is, we have warned PF enough.

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  19. Because hh has Won a case will that cure your poverty there in diaspora? Is he going to give you money because he won a case? Kikiki fikopo fi upnd

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  20. This was a private matter in the Court so why did the State thru ZPS involve itself in a Civil Case? The matter was subjudice as it was already in Court. HH is smart and legally literate and is conscious of the legal requirements in such Cases. Well done HH aka Bally will fix it.

  21. Ba Zulu please guide me. You are saying that a man who was being interrogated by police was able to kill some people outside at the same time as being elsewhere? Perhaps he was able to squeeze the triggers on the police guns with his mind? Please enlighten me as to how this was possible, your theories of physics are clearly groundbreaking, obviously you are the brains of Zambia.

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  22. This ruling is to certain extent precedence that those stup.i.d people calling for privatization Inquiry should expect. After more than 25 years, the courts will dismiss any law suites just as the above.
    We tell you it’s waste of time.
    Tiyali will tell you after he pay what was sued of him.
    Nawaki is now behaving…,. Who’s next? It’s you KAIZA. Let’s get this h.hi.t out of here.

  23. @general don’t compare me to small boys. I am KZ. You will cry come August. Continue wasting time on silly cases while we prepare for elections and continue to serve our people. Zambian dont eat hh cases. Remember that

  24. PF cadres won’t sleep tonight. Tossing and turning while HH sleeps soundly.

    Sweet loss for a trigger happy and violent PF party.

    Kikiki.

  25. There are some arguing that the case against HH has been dismissed due to a statutory bar. That’s not correct. PF were alleging fraud. Since fraud is a crime, there’s no statutory bar. A criminal offence can be resurrected so long there’s evidence regardless of how many years have passed since the crime was committed. There was no fraud committed. That’s why HH won.

  26. Tayali and Nawakwi must be worried. Their Defamation cases with HH are now groundless. These two must learn not to make wild allegations without evidence. They are in a legal quagmire.

  27. @Kaizar Zulu
    Please help me understand. You are saying that court cases do not feed Zambians, obvious. But you say that the families of those killed most tragically must sue HH. Please help me to understand how the two statements make sense because my brain it is very small compared to yours.

    You are also saying that people must be fed and helped. So after 10 years the vision of more money in my pocket and prosperity for all is yet to be fulfilled? First I beg just for some shorts with pockets. Then my vote is yours.

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