TWO citizens have sued UPND leader Hakainde Hichilema in the High Court for allegedly fraudulently and illegally occupying Farm No.1924 in Kalomo, belonging to the estate of the late Samson Siatembo.

According to a statement of claim filed in the Lusaka High court, Preluna Hatembo and Milton Hatembo allege that Hichilema attempted to occupy the said farm from 2005 to 2010 without any legal agreement with the plaintiff.

“The first plaintiff became administratrix after the demise of George Habwebula who was initially appointed administrator of the estate of the said deceased. By diverse dates but between 2000 and 2005, the beneficiaries of the said Samson Siatembo agreed to sell 190 hectares of farm No.1924 Kalomo to Benard Mazuba, also of Kalomo. The beneficiaries and the said Benard Mazuba agreed that consideration shall be K20 million (unrebased) and pursuant to the said agreement, the said Benard Mazuba paid the said sum to the administratrix on behalf of the beneficiaries. Unknown to the beneficiaries and the administrator of the estate of the said Samson Siatembo, the farm was occupied by the defendant between 2005 and 2010 and he immediately attempted to occupy the whole farm but faced resistance from Douglas Hatembo. The plaintiff, at no time did she enter into any legal agreement of vendor and purchaser with the defendant in person nor does the defendant know or any of the beneficiaries in the said estate,” read the statement.

The plaintiff further submitted that the said subdivision of farm No.1924 was acquired and procured illegally, fraudulently and/or without consent of the administrator of the estate of the deceased.

The plaintiff added that the defendant purported that 2222.6549 hectares of land was sold to the defendant which in essence is the whole farm and purported to represent the administrator, executed the contract of sale and assignment further purporting that signatures were of the administrator and presented the assignment for registration and to acquire title of the said farm.

The plaintiff added that the said Douglas Hatembo was almost forced to leave the farm but resisted and had therefore been pushed to the corner of the farm using force.

“The defendant has occupied the whole farm for only K20 million (unrebased) which the said Bernard Mazuba paid but has purported to the collector taxes and to the land authorities that he paid the sum of K110 million (unrebased). This representation is false and will be put to strict proof at trial. The defendant has occupied and has been using the whole farm for 10 years and yet does not pay rent for the use and occupation beyond the 190 hectares which was sold to the said Bernard Mazuba,” read the statement.

The plaintiff therefore demanded for an order that assignment of subdivision A of farm No1924 be reversed on account of fraud and/or misrepresentation and an order for damages for trespass to land without consent and/or license of the plaintiffs.

They further demanded manse profit for the alleged occupation and use of land without consent and/or license of the plaintiffs at a reasonable rent/lease fees and cancellation of certificate of title number 42578 on account of fraud, misrepresentation and and/or mistake including interests on amounts.