Pheluna and Milton Hatembo have appealed against a High Court Ruling related to how Opposition leader, Hakainde Hichilema repossessed their farm in Kalomo.
High Court Judge Catherine Lombe Phiri ruled that the matter could not be heard in a civil case as the circumstances related to the repossession of the Kalomo’s farm number 1924 occurred in 2005, 15 years ago.
She stated that the matter was therefore statute-barred in a civil case although criminal complaint and investigations could be pursued.
But in the notice of Appeal, The Hatembos have filed three grounds of appeal stating that;
- The learned trial court judge misdirected herself in both law and fact when she held that the appellants dealt with both Mr Mazuba and the respondent when there is enough evidence on record to show that the first Appellant never dealt with the respondent.
- The learned trial judge erred in law and fact when she held that the transaction took place in 2005, which is some 15 years ago, when the Appellants have relied on Fraud and Misrepresentation which violates the time of limitation.
- The Learned trial court erred in law and fact when she found as a fact in holding that the Appellants would have known that the respondent has assigned the property to himself when they have never dealt with him.
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 the court.
Let him give them their farm back
Evelyn Linyantwe baby how can they be given when they lost the case?
Evelyn Linyantwe give us your bums our public baby
And you when are you demanding for your brain back?
Why will he gave back when that SOB has not given back Mosi o Tunya kickback he got from the Boers ?
Hakainde is a SOB.
A hypocrite, tyrrant, swindler a cattle hustler.
The Supreme Court deals with the question of law. The Case will remain Statute barred so the SC will just confirm that. The Plaintiffs are being misled by PF Politicians hoping to fix HH. HH is on solid legal grounds and any attempt to politicise a purely legal matter will fail and will not stop HH from contesting the 2021 Presidential Elections. These unwarranted litigations against HH are making him even more popular.
If it is so then let the Supreme Court say that. Why are you saying that? Are you the Supreme Court? And who are you to deny them right to appeal against the judgement?
Did the judge really talk about criminal case,if so why are they pursuing a civil case, which they will lose anyway, politics should be separated from personal lives,these people are being pushed by a hidden hand, what a shame and sham!!!
The rich HH should surrender the Kalomo farm to these poor farmers.An equitable society and rule of law = better Zambia for all.
When are surrendering your bombasa to your cousin in village? when are you starting to equitably share your salary with your village people ba father Christmas.
These litigants should know that the Supreme Court cannot condone illegality. Twelve years passed b4 the Plaintiffs could contest the Sale of the Farm. The Plaintiffs should not politicise what was a Purely Commercial Transaction.
I wonder why court English sounds so broken, colloquial and jargonish.
Writers or reporters please try to simplify the language. I hate court English to say the least.
Having said that, I wonder why kleptoh² should find pleasure in prosecuting poor citizens, peasant farmers for that matter.
Ala mune kleptoh² uleumfwako insoni. Yangu punka uyu. You have stolen from Zambia now this agenda of stealing from the poor is horrendous.
Instead of being in the news for good cause like charity, for you it’s land grabbing. What sort of a person is this nigga kanshi? God save you people from the evil kleptoh² perpetually perpetrate. What evil!
Africans never cease to amuse and baffle. I am sure they will be sitting around watching the grass grow and the dry season dry out the land without doing anything if they still had it… and scrounging about in town selling at traffic lights. Mulekeni muyanu he bought the land and has subsisted successfully on it.
How can an owner wait for fifteen
Years to claim his farm?It looks
Like owners were pushed to claim
It.oh sorry beneficiaries
These PF attack dogs are regrouping after the extrajudicial executions of 2 civilians set them back…….
it is no surprise tiyali is also appearing….
Where have they been all this time.
People are still determined to bar others from contesting even if they are not campaigning as much as they are.
Why this fear of others?
Spaka, are you afraid?
This is 2021.
Be cool.
Leave Tayali alone. Does he remind you of something?
Mulimbe.
Before AUGUST 2021 elections what we need to deal with is money laundering, corruption and criminality under PF. Not these petty never ending divisive and deceitful manoeuvre focused on one person in the name of HH. We have;
– Honeybee Scandal – KCM liquidation as a conduit for stealing – controversial 49 houses mentioned in FIC report 2018 – Tasila Lungu fenceing protected forest – Spax in relation to gassing of citizens – Black Lechwe saga – illegal export of Mukulu, revenue involving the Mukula Cartel – ZAFFICO IPO and title deeds – overpriced 50 ambulances from Iveco South Africa – Nshindano’s role in dening Zambian’s free and fair elections – abnormal procurement of 42 fire trucks, etc.
Is this the case being persued by PF cadre Chilufya Tayali
Blind folding the judges like he did during privatization
The joys of the law. As citizens they have every right to pursue what they believe to be rightly theirs. The law is there to ensure equity and that some bullies like hh are controlled. We will continue following this matter with interest.
The Hatembo’s have every right to appeal. Upnd and PF cadres in the comment section should approach this from a law perspective, not your water hole fights going on above in the comments kikikiki.
No documents to prove its there’s. Bally has been contesting elections ever since 2008,2011,2015 &2016 Where have they been hiding all these years ..this can only be seen as a political proy the Hatembos are not the ones pushing this matter.Its those hidden sponsors who are trying to show as if it’s Hatembo and co. pushing for this already lost court case.They are so scared to be unmasked in September others with Pot bellies built up from corruption money there pot bellies will melt. Utumafumo mwakwata mu ndalama sha corruption tuka sungunuka pembelenifye kwashala 4months
Is this where the HH fixing project started?
DISGRACED State House Aide Kaizer Zulu his counterpart Amos Chanda, Home Affairs Minister Stephen Kampyongo and Minister in-charge of National Development Planning Lucky Mulusa on a Tuesday April 2017 night celebrated the arrest of UPND President Hakainde Hichilema in style at a pub on 8 Reedbuck road in Kabulonga.
The four senior PF officials took turns boasting how they had made sure they had fixed the opposition leader and how they were controlling state institution.
The officials who were in the company of another mercenary, Lewis Mosho and some former Post Journalist and what looked like prostitutes, drunk the night out and only left 8 reedbuck after midnight.
“Natuka chita ka cikala…kalemona kwati ni ka President nako. In fact Ba…
@ Sebanawekute & associates – good reminder used to hear those names masquerading as untouchables. Today they are forgotten names and others are teetering on the edge of being arrested for prosecution on crimes against Zambians. “Umulandu ta ubola”
Continue
“Natuka chita ka cikala…kalemona kwati ni ka President nako. In fact Ba (kakoma) Kankanja is very weak if I didn’t direct him upto now that ka cikala would still be enjoying the comfort of his house,” Kaiser Zulu was heard bragging before Kampyongo interjected,
“Awe kachepa sana. We are in charge …we are serious operatives. In fact kulefwayika fye kafwile mu jele. Ni mweba Amos you are too soft this should have been done immediately we came from Mongu,” said Kampyongo.
However Chanda who was seemingly concerned about the media backlash said he had already instructed the public media to stop any form of coverage.
“We need to manage what comes out of the media…otherwise abantu must not be fed on this ka HH. We discussed naba Mwamba how we must handle the who thing. We managed…
Sibanakwetu I see you also read and believe articles that are published on the upnd propaganda website, watchdog. You must be as f00lish as a dog .
He should give them the farm
This Thorn in the Flesh
January 31, 2021 At 11:10 am
“Spaka, are you afraid?
This is 2021.
Be cool.
Leave Tayali alone. Does he remind you of something?
Mulimbe……”
Afraid of what ?? That big file of evidence tiyali was brandishing in front of the media ?????
Hehehehehe
Mwa chepa ma saka imwe, you can’t break HH , lungu needs the Americans in order to break hh , not on his own with his useless GRZ ….
Heartfelt condolences to Elias’s family. His work in the HIV sector was his labor of love for his fellow Afican Communities in the UK and beyond. MHSRIP.
Elias Phiri Fund, organized by Denis Onyango
Takapite uyu hh
As for the sinner akaps I prayed for all of you my enemies at church today.
Show us which lawyers these Pheluna and Milton Hatembo are using…is it PF probono legal team? I doubt even anyone with more money than sense would pursue such a matter after all this time.
Already they are owing costs for the failed case. The more they appeal, the more their costs will rise. Eventually they will even lose all their assets which they currently have just to settle their bills. Sometimes you need to be wise and know when to stop.
Inga nkani ya gassing ya Fika pati manje?
Kaizer, how about your businesses in Dubai and United states. Why do you hate HH, he worked hard for his wealth. You are just wasting your energy.Lungu doesn’t qualify 2021.
That’s exactly, what I was expecting. The farmers should not let him go that easily. HH can’t simply walk away with grabbing their farm land. He must pay for his every crime and sin.
HH wants everyone else to be equal before the law. But when it comes to him, his conduct reminds me of Animal Farm! One can foresee what would happen if he comes to power.
The joy of winning the case will now evaporate. Pheluna an Milton Hatembo have taken a right decision. They have all the legal option to explore. The judgement of one judge is not final, unless decided by the highest judicial authority.
This is getting more and more interesting. I would like to see what HH does now.
This is just the beginning. HH has to face Tayali also. And there he will definitely bite dust.
Bushe which group of people are pushing these guys to do all sorts things against HH? These people being pushed to appeal have no capacity there must be some invisible hand. Its a shame that we keep on politicking on straight forward things.
I can see many people here in support of HH. The striking of all is how blatantly they are quoting completely false news published by the so called media houses feeding on HH’s dirty money. I wonder, what would their IQ be….. even below room temperature, probably.
There is a lot to this matter than what meets the eye. One should critically examine why the Hatembos didn’t complain for so many years. May be they were intimidated! Being helpless against the giant like HH, they might be waiting for a right opportunity to take this step. One thing should not be forgotten in the battle to set rhetoric that, they are poor and have no strength to stand up to the powerful man like HH.
Wow! It is interesting to see so many people coming to defend the powerful and hardly anyone standing with the poor. They might have been at fault. But they too have right to explore every legal option. It is highly worrying that we have come to such a pass that the poor and hardworking people have no respect when it comes to fighting the rich man who is known criminal.
Isn’t it amazing that every deal, HH is linked with is murky? Not even a single deal that is clean! Strange!