AN administrator of the estate of the late Jethro Namakobo has dragged Chilanga PF member of parliament Maria Langa to the Lusaka High Court seeking an order of interim injunction restraining her from trespassing upon the deceased’s property in Mwembeshi.
Malelo Ilukena claims that Langa is in the habit of ferrying political cadres for the purposes of subdividing and allocating them plots on the property.
Ilukena, who has further claimed that the late Namakobo was the registered holder of Farm No. 7026 and equitable owner of Farm No. 7027 in Mwembeshi, has also sued the Attorney General; Simon Kabamba a holder of Plot No. L/9437, which was super-imposed on Farm No. 7027 and Joe Zulu, a resident of Lusaka and in charge of the group that is demarcating and allocating plots.
He also also sued Dismus Mutale as Zulu’s assistant, who had equally been seen on the subject property demarcating and allocating plots.
Ilukena wants a declaration that the late Namakobo’s estate is the equitable owner of all the land currently known as Farm No. F/7027 that initially consisted of Farm No. 1942 and a declaration that Kabamba’s lease having expired, a certificate of title relating to Farm No. F/7027 must be issued to the estate of the late Namakobo.
He is further seeking damages for trespass and a declaration that Langa whether in her personal capacity or in her capacity as member of parliament for Chilanga constituency, as well as Zulu and Mutale have no authority to enter upon the subject property for the purpose of subdividing and allocating plots to anyone.
According to a statement of claim filed in the Lusaka High Court recently, Ilukena explained that in 1970, the late Peter Namakobo, who was his grandfather, negotiated and purchased Farm No. 1942 from its previous owners where he lived until his demise on August 3, 2006.
He stated that in 1987, the UNIP government exercising its power of eminent domain compulsorily acquired a number of farms, including Farm No. 1942 for which government offered to compensate.
“Amidst protests by the late Peter Namakobo, government did compulsorily acquire Farm No. 1942 and subdivided the same into a number of plots namely F/7026 and F/7027 and subdivided F/7027 into smaller plots, including L/9437, which was granted to one Simon Kabamba on a 14-year lease,” read the claim.
Ilukena stated that after the change of government from UNIP to MMD, the MMD government rescinded the policy decision and ordered the reversal of all properties that were compulsorily acquired.
He stated that all the properties were returned to the original holders, who were asked to pay compensation to those who had developed properties and had lost out owing to the reversal, which compensation was paid.
Ilukena stated that owing to old age, the late Peter Namakobo transferred his interest in the land via a Deed of Gift to his son, Jethro Namakobo, now deceased.
“Following the reversal, all the people that had been granted plots on Farm No. 7027 returned their lease except for Mr Simon Kabamba,” read the claim further.
He stated that the Attorney General had numerously been advised by the Kafue District Council to cancel the lease granted to Kabamba on the basis that the plot he had been given was super-imposed on a farm that already had a sitting tenant in the name of Peter Namakobo, but that the Attorney General remains adamant much to the inconvenience of the estate of the late Jethro Namakobo.
Ilukena further stated that Langa was in the habit of ferrying political cadres for the purposes of subdividing and allocating them plots on the said property.
He stated that Zulu and Mutale were the ones appointed for the purpose of supervising and overseeing the illegal demarcation and allocation of plots and were on the ground every day for the illegal purpose.
Ilukena stated that the late Jethro Namakobo’s estate as equitable owner runs the risk of losing the land to political cadres as without title to the subject property, it was difficult to adequately secure the land.