By Mwaka Ndawa
A KALOMO resident Misheck Hambwalula has sued UPND leader Hakainde Hichilema in the Lusaka High Court on allegations that he illegally possessed 1500 hectors of his late father’s farm 21 years ago.
Hambwalula is seeking an order that the alleged sale of Farm no. 3275 and 801 in Kalomo to Hichilema is a nullity for failing to comply with the Intestate Succession Act Chapter 59 of the laws of Zambia.
The complainant who has sued Hichilema in the Livingston High Court over the same matter, wants an order for possession of Farm no.3275,801 and 803 and an order of injunction restraining Hichilema, his servants and agents from carrying out farming activities , erecting structures, cutting down trees and entering on the said farms and interfering with the beneficiaries quiet enjoyment.
In his statement of claim Hambwalula who is suing as an administrator of the estate of the late George Hambwalula said Hichilema is a trespasser and an illegal occupant of Farm no. 3275, Farm no.801 and Farm no.803 in Kalomo District southern province which form part of the estate.
Hambwalula stated that his father died intestate on July 1998 in Kalomo District southern province and following his death he left his mother and siblings in occupation of the said farm.
He said in 2015 he visited his siblings in Kalomo District and to his surprise he learnt that in 2000 Hichilema had trespassed, fenced and illegally occupied farm no.3275 and later in 2015 he occupied farm 801 and 803 in Kalomo.
Hambwalula stated that whilst gathering information, Hichilema called him on his cell phone and he asked him why he had illegally occupied his father’s estate without informing him as the eldest son but he allegedly responded that he paid his younger siblings some money whom he knew as administrators and was in the process of paying more money so that he could buy the said farms.
“During the phone conversation, I begged the defendant not to entice my siblings with money as the farms were not for sale. I informed him that my father was hurried on Farm no.801 and Mr Hichilema responded that he likes dealing with young people because they are a problem and like money,” Hambwalula alleged.
“The defendant insisted that young people are the ones who could give him what he wants since they don’t know the value of land. Mr Hichilema responded that he did not care about the grave of y father and will go ahead and get all the land including the gravesite.”
Hambwalula stated that in 2016 the Kalomo local court ruled that the estate of the late George Hambwalula had no administrator from the time of his father’s death.
He claimed that the Court’s ruling proved Hichilema to be a liar because he alleged that he bought the farms from the purported administrators Louis Hambwalula, Overt Hambwalula and Constance Hambwalula.
The complainant stated that there is no court order that was obtained to allow for the sale of the farms to Hichilema as provided by law.
Hambwalula claimed that Hichilema in a bid to fraudulently alter the the lands register and convert farm no.3275 into his names placed a caveat on the farm on April 13, 2005, and did the same on farm no.803 on September 1,201 as the intended purchaser.
“Hichilema ought to know the provisions of the law that a court order is required by an administrator before selling immovable property of a person who died intestate,” Hambwalula stated.
He contended that Hichilema is a neighbor and owns another farm in Kalomo and he should have known that his father died without leaving a will and had more than one wife and many children who needed to be consulted before any sale or purchase could be undertaken.
Hambwalula added that Farm no.801 was mortgaged to Lima Bank and the mortgage registered on January 12,1989 by his late father for K10,6000 and interest and that Hichilema knew about the farms in question because his senior partner at Grant Thornton Christopher Mulenga was the receiver of Lima Bank.
He further wants an order for the removal of caveats, mesne profits for illegal occupation of the farms and damages for fraud and mental distress, anguish and surgery as a result of stroke