Malawi ‘Ex-First Lady’ Loses Farm

Dickson Jere wrote;

Malawi ‘Ex-First Lady’ Loses Farm

Former President of Malawi Hastings Kamuzu Banda was not officially married but he lived with a woman called Mama Cecilia Kadzamira who was fondly known as “official hostess” at State House.

Banda ran a brutal regime and many Malawians fled the country in fear. Elias Zakeyo Banda – who owned huge farmland – fled into Zambia in 1972 and left properties in Malawi. He owned ‘Tichitenji Farm’ which was on title since 1968.

Strangely, after he fled, the farm was given to the President who later surrendered it to Government in 1978. The Minister then offered it to the President “wife” the same year. She developed it and has since lived there for over 40 years.

Suddenly, the family of Banda (he died) who had fled into Zambia appeared on the farm after change of government in 1994. This was after the bank handed them title deeds which showed they owned the Tichitenji farm. Banda had left titles with the bank before he fled.

Mama Kadzamira rushed to Court and filed an application for injunction and claimed the Banda family were trespassers on her farm. She argued that she had been in possession of that farm for over 40 years without anybody claiming ownership.

But the Banda’s claimed the farm was theirs as title deeds were never canceled when their father fled Malawi. Simply, they had superior interest on the land as they acquired it in 1968 while the Madam only came much later.

The High Court heard both sides and ruled that the ‘Madam’ did not acquire good title even if she has lived on that farm for over 40 years. Her title was inferior to the one issued earlier.

“The evidence establishes that the lease held by the estate of the late Elias Zakeyo Banda was registered earlier in time and has never been lawfully canceled, surrendered, or forfeited,” the Court said.
“The Court is therefore satisfied that, as between the Claimant and the estate of the defendants, the estate of the late Banda holds superior title to the land commonly referred to as Tichitenji Estate,” the Judge ruled.

The Court observed that no records were presented to Court to show how the former President had acquired this land which was on title and later surrendered it through “Deed of Surrender” the State and only to be given to his Mistress.

“A grant made in violation of an existing registered interest is incapable of conferring valid title. The root of title is tainted by successive violations of settled principles of law,” the Judge said and dismissed the claim of trespass.

He added that the President surrendered land that he legally did not own as no instrument was shown how he acquired it from the registered owner. Therefore, the ‘Madam’ should have done due diligence before accepting the offer from Ministry of Lands.

“If the surrender was null and void, the land never reverted to Government. In those circumstances, the Minister acted without legal capacity when purporting to issue a lease to her,” the Court said.

Case citation – Mama Cecilia Tamanda Kadzamira v Subject Traditional Authority Kawere & Others – Civil Cause No. 373 of 2020 and Judgement delivered last week on 30th December, 2025.

Lecture notes;

1. The legal principle in this case of Malawi are similar to Zambia. Where there are two competing titles, the earlier registered one takes precedence unless it was legally canceled or surrendered. In Zambia, cancellations is usually through re-entry and then it reverts back to the state.

2. Like in Zambia, Malawi also does not recognize adverse possession of land. Even though Mama lived on that farm for over 40 years, she did not acquire any rights because her title deeds was defective.