UPND leader Hakainde Hichilema has asked the Lusaka High Court to dismiss a case in which two individuals have sued him for allegedly illegally occupying a farm in Kalomo belonging to the estate of the late Samson Siatembo.
Hichilema wants the said action dismissed on points of law, arguing that Subdivision “A” of Farm 1924, Kalomo was created, surveyed, marked off (from the parent Farm 1924, Kalomo) and assigned to him in 2005.
He adds that he was registered as a proprietor of the said Subdivision “A” of 1924, Kalomo measuring 2222.6549 hectares and a certificate of title was issued to him by the Registrar of Lands and Deeds on September 22, 2005.
Hichilema submitted that since 2005 to date, it has been 15 years of his ownership and occupation of the said farm and that the plaintiffs have never taken him to court for the cancelation of his certificate of title or charged him rentals or let alone evict him from the said farm until when they sued him on October 28, 2020.
In this matter, an administratrix of the estate of the late Samson Siatembo and
another have sued Hichilema for allegedly acquiring and procuring a farm in Kalomo illegally, fraudulently or without consent of the administratrix on behalf of the estate of the deceased.
Pheluna Hatwimbo suing as administratrix of the estate of the late Samson Siatembo and Milton Hatembo are seeking an order that assignment of Subdivision A of Farm No.1924 be reversed on account of fraud or misrepresentation, as well as, an order for damages for trespass to land without consent or license of the plaintiffs.
The plaintiffs also want among others, cancellation of certificate of title No.42578 on account of fraud, misrepresentation and or mistake.
Hichilema has however, asked the court to dismiss the action on points of law.
According to an affidavit in support of summons to dismiss action on points of law filed in the Lusaka High Court, recently, Hichilema stated that he had perused the plaintiffs’ pleadings which showed that they pleaded fraud and misrepresentation but there was no mention as to when they discovered the fraud or misrepresentation with regards to his acquisition and occupation of Subdivision “A” of Farm 1924, Kalomo.
He however, stated that the said Subdivision “A” of Farm 1924, Kalomo was created, surveyed, marked off and assigned to him some time in 2005.
“The parent certificate of title in possession of the first plaintiff (Hatwimbo) shows that my Subdivision “A” of Farm 1924, Kalomo consisting of 2222.6549 hectares was marked off by the Surveyor General from the parent title of Farm 1924 of Kalomo, on October 11, 2005, leaving a remainder of 192.9053 hectares,” Hichilema stated.
“At no time since 2005 did the plaintiffs or any beneficiary of the estate of the late Samson Siatembo ever complain to the Police or me about the missing certificate of title to the said parent property in Farm No. 1924, Kalomo.”
Hichilema stated that Hatwimbo and himself were the signatory of the deeds of assignment relating to Subdivision “A” of Farm 1924, Kalomo prepared by senior counsel Noah Kaponda Dindi of Messrs Dindi and company.
He added that he was registered as a proprietor of the said Subdivision “A” of Farm 1924, Kalomo measuring 2222.6549 hectares and a certificate of title was issued to him by the Registrar of Lands and Deeds on September 22, 2005.
Hichilema stated that the marking off of Subdivision “A” of Farm 1924, Kalomo (from the parent Farm 1924 Kalomo) and the conveyance of the same to him by Hatwimbo was a culmination of his purchase of the distributed portions from Bernard Mazuba who bought 2048 hectares from the estate and from other beneficiaries of the estate including but not limited to Hatembo sometime between 2000 and 2005.
He stated that he had reason to believe that the memories of Hatwimbo and Hatembo have faded since it had been over 15 years since they transacted with the disputed Subdivision “A” of Farm 1924, Kalomo.
Hichilema said he had been on the same farm since 2005 and that Hatwimbo’s brother Douglas has lived on the remaining extent of Farm 1924 Kalomo.
He added that the same Douglas was a witness to the note dated March 4, 2005 signed by the plaintiffs’ brother Smith Hatembo when he sold him the portion of 78 hectares.
Hichilema stated that this is a suitable matter for the court to dismiss the plaintiffs’ action on a point of law.