LUSAKA’S BAOBAB LAND SCANDAL: DENNY NYONI LIKELY TO BE THROWN IN JAIL
…as the brother he declared dead for him to sell plots “resurrects”
Lusaka, Tuesday, October 17, 2023
The famous Lusaka Baobab Land scandal that had been dismissed three times in the courts of law has taken another turn as Thomas Nyoni, the man who was declared dead by his own brother Denny Nyoni has “resurrected.”
Alive and kicking as seen in the video that has surfaced on social media, Thomas, who claims to have been the administer revealed that his brother declared him dead so that he could sell the estate.
He advised those buying land from his brother to claim their money back.
“They should claim their money, or they can take him to court,” he said in a video that surfaced on social media.
In 2016, Denny falsely swore and presented an affidavit that his older brother Thomas died in 2014.
He did so with the aim of taking over as Administrator of their late mother Violet Nyoni’s estate, which was vested in Thomas on 4th February, 1987, following her death on 29 June, 1978.
Denny went ahead and sold plots on part of Lusaka’s Baobab Land.
Denny lied in the affidavit in the High Court Principal Probate Registry on December 29, 2016, stating that Thomas Turgas Nyoni, his brother, died on 5 February, 2014 at the University Teaching Hospital.
The High Court duly issued Probate number 236 of 2016 stating that it be known that Thomas Turgas Nyoni subdivision D of Farm 4300, Buckley, Makeni in Lusaka, died at the UTH on 5 February, 2014.
“And be it known further that at the date hereunder written letters of Administration of all the estate which by law devolves to and vests in the personal representative of the said intestate were granted by this Court to DENNY NYONI of Subdivision D of Farm 4300, Buckley, Makeni in the city and province of Lusaka of the Republic of Zambia”, the Probate dated 30 December, 2016 states.
By virtue of this Probate, Denny gained access to the estate of their late mother, especially the portion of Baobab Land that the family claimed as belonging to them, despite the Courts ruling three times that the land belonged to the Van Blerk family.
According to Thomas all these falsehoods were perpetrated on the High Court because Denny was in a hurry to sell part of the land the family claimed they owned (subdivision D) on Lusaka’s Baobab Land to the Lebanese International School.
Thomas explained in Lusaka this week that Denny and half-brother Robert Buwalda, forged a Deed of Gift, dated 6, March, 2013, purporting that Thomas had gifted “all the property described in the schedule”, that he had held.
He said he had no part in the Deed of Gift, which was signed by Denny Nyoni as Witness, and put his authentic signature beside the “fake” one that appears next to his name.
The Deed of Gift was prepared by Messrs. SBN Legal Practitioners.
Thomas has also disowned the Contract of Sale between himself and Lebanese International School Limited, for a consideration of K600,000, also witnessed by Denny, dated 15 January, 2013.
On this document too, Thomas says the signature is forged, and placed beside it his authentic signature.
Thomas explained that all these transactions, including his reported death, took place while he was away in Malawi and, upon return to Zambia in 2015, he discovered what was going on and attempted to seek redress.
He said he reported the law firm involved in the transactions to the Law Association of Zambia but his efforts were frustrated by repeated adjournments and plain lack of cooperation.
He also reportedly approached the National Prosecuting Authority (NPA) where he submitted all the documents he had collected on these transactions and falsely sworn affidavit.
“We acknowledge receipt of your letter on the subject above. A perusal of the documents reveals that judgment in the case was delivered on 14th February, 2017. This makes it difficult for the Director of Public Prosecutions to appeal out of time the decision of the lower court. However, we have NOTED CRIMINAL CONDUCT ON THE PART OF DENNY NYONI. Accordingly, we have written to Zambia Police advising that they should investigate the matter against him,” the NPA wrote.
There is no indication that Zambia Police took any action on the matter.
However, Denny has been allowed to continue selling more plots on the land where his family’s claim has been dismissed repeatedly by the Courts.
He, together with half-brother Robert, and Leonard Mapulanga (who now passes himself off as a Nyoni too), have even set up an office from where they are selling plots.
On 15th June, 2022, Lusaka High Court Judge Sharon Newa is reported to have dismissed with costs an application by Denny, who wanted to be joined to the main Baobab Land case, in which owner Jonathan Van Blerk is challenging the compulsory acquisition of part of his land, on account of fraudulent misrepresentation.
Denny claimed he also had an interest as administrator of the estate of his mother who had been leasing part of the land, which status has now been exposed as being based of false claims of the death of his brother Thomas, the rightful administrator.
But Judge Newa said in her judgment that she discovered there was already a judgment delivered in 1987 on Cause number 1982/HP/669 which found that the late Violet Nyoni was not entitled to the properties that she had agreed to buy.
Denny failed to prove the interest he had in Baobab Land, part of which he had occupied for years.
After the Court dismissal of 1982, Denny tried again but his claims were again thrown out in 2019.
On 27th June, 2023, Judge Ruth Chibbabbuka is reported to have said in a Court Order, that Denny had tried to bring the case before her Court, which she dismissed because on 13th September, 2019, she had dismissed the same case because it had already been litigated and lost.
Judge Chibbabbuka called this action an abuse of court process, and dismissed it as such.
Meanwhile, Thomas now says the desperate people who have been buying land from Denny stand to lose their money when the falsehoods catch up with him.
What remains is now for the Zambia Police to pursue Denny for submitting to Court an affidavit in which he swore falsely that his brother died in 2014, when he is still alive today, and also assuming fraudulently the role of administrator of the estate of his late mother.