PRESIDENT Hakainde Hichilema, through his lawyers M Associates, has written to the sheriff’s office seeking the suspension of the execution of the writ of fifa in the dismissed Kalomo farm case.
In this matter, President Hichilema, during his time as an opposition leader, was sued in the Livingstone High Court by Kalomo farmer Misheck Hambwalula, but the matter was dismissed with costs amounting to K2.2 million slapped on the applicant.
But in a letter addressed to the Sheriff of Zambia, Counsel Marshal Muchende stated that Hambwalula had apologized and that President Hichilema had called on the family to meet and resolve issues amicably.
Hambwalula had sued President Hichilema on allegations that he illegally possessed 1,500 hectares of his late father’s farm 21 years ago.
Hambwalula was seeking an order that the alleged sale of Farm No. 3275 and 801 in Kalomo to President Hichilema was a nullity for failure to comply with the intestate succession Act Chapter 59 of the laws of Zambia.
Hambwalula also wanted an order for possession of Farm No. 3275, 801 and 803 and an order of injunction restraining President Hichilema, his servants or agents from carrying out farming activities, erecting structures, cutting down trees and entering on the said farms and interfering with the beneficiaries’ quiet enjoyment.
And according to a certificate of taxation drawn by President Hichilema’s lawyers from M Associates and issued by the Livingstone High Court, dated August 30, 2021, Hambwalula was expected to pay K2,256,322.53.
“Notice of taxation having been given and the Notice of hearing having been issued…I have been attended by both counsel for the plaintiff and the defendants and by my ruling dated 5th August, 2021, I certify that I taxed the costs for the defendant and allowed them in the sum of K2,256,322.53,” read the notice in part
But according to the letter dated September 8, 2021, and addressed to the Sheriff of Zambia, Counsel Marshal Muchende noted that the execution of the writ of fifa be suspended following Hambwalula’s apology. (A writ of fifa is a document used if judgment debtor doesn’t pay or comply with judgment – given to sheriff to execute on the judgment debtors property, sale it and recover money owed).
He further stated that President Hichilema has called on the family to meet him and resolve issues amicably.
“We advise that you suspend execution of the writ of fifa vide Article 98 (2) of the Constitution of Zambia Act No. 2 of 2016. In addition to the above the Plaintiff has since apologized and the Republican President (who was the Defendant) has called on the family to meet to resolve the issues amicably,” stated Muchende.