Home Zambia News UPND leader Hakainde Hichilema dragged to court

UPND leader Hakainde Hichilema dragged to court

Hakainde Hichilema dragged to court

UPND leader Hakainde Hichilema dragged to court

A peasant farmer of Kalomo has dragged UPND leader Hakainde Hichilema to court, seeking an order that he vacates three farms in Kalomo which relates to the liquidation of Lima Bank, a state institution from which he is alleged to have personally benefitted.

Mr Misheck Hambwalula, suing as a beneficiary of the estate of late George Nsemani Hambwalula, stated in an amended statement of claim filed in the Livingstone High Court, wants the court to order Hichilema to vacate the farms, claiming he is occupying them illegally.

The plaintiff, who is represented by KBF and Partners and Ndhlovu and Company, stated that his father Hambwalula, who died on July 18, 1998, owned farm number 3275, farm number 803 and farm number 801 in Kalomo district.

The plaintiff stated that Mr Hichilema is a trespasser and an illegal occupant of the three farms as he illegally occupied farm number 3275 sometime in 2000 and that in 2015, he further occupied part of farm 801 and 803, where he started keeping cattle at all the three farms at a commercial scale to date.

Mr Hambwalula stated that Farm number 801 was mortgaged to Lima Bank and the mortgage registered on January 12, 1989, for an amount of K10,6000 and interest by his father.

He stated that he will aver at trial that Mr Hichilema became aware of his late father’s farms because his senior partner at Grant Thorn where he was chief executive officer, Mr Christopher Mulenga, was the receiver and or liquidator of Lima Bank.

The plaintiff stated that Mr Hichilema, in a bid to fraudulently alter the Lands register and convert the said farm number 3275 to himself placed a caveat on April 13, 2005, purporting to be an intending purchaser.

The plaintiff stated that the defendant also placed a caveat on Farm 803 on September 1, 2016, purporting to be an intending purchaser. He also stated that sometime in 2015, Mr Hichilema informed him on the phone that he was in the process of paying more money to his younger siblings so that he could buy the said farms.

The plaintiff stated that in 2015, the defendant called on the phone to discuss his occupation of the said farms.

He stated that he advised Hichilema not to entice his young siblings with money as the farms were not for sale since his father is buried on Farm 801.

The plaintiff shall further aver at trial that during the phone conversation, the defendant said he did not care about the grave of Hambwalula and that he will go ahead and get all the land including the gravesite, statement which he found insulting.

“The plaintiff shall aver that he felt deep pain by the defendants words for not respecting his late and his grave,” the claim further read.

He stated that he asked Mr Hichilema why he was dealing with young people if he knew that they were a problem but he told him that they are the ones who will give him what he wants since they do not know the value of the land.

The plaintiff stated that as a result of what Mr Hichilema told him, he suffered a stroke and has incurred costs and expenses in an effort to mitigate the effects.

He stated that he because of the stroke, he underwent an operation at Argawal Eye Hospital on his left eye which does not work up to now and cannot see with it.

The plaintiff stated that Hichilema, in his defence dated October 31, 2018, claimed to be leasing the three farms.

He stated that as a result of Hichilema’s insults, he suffered damage and loss resulting in him failing to benefit from his late father’s estate.

The plaintiff wants the court to order Mr Hichilema to vacant the farms and that he should pay at a commercial rate for the use of the said farms from the time he occupied them.

He also claims damages for mental distress and anguish and loss of his eye as a result of a stroke he suffered caused by Hichilema’s insult.

The plaintiff further wants the court to order that Mr Hichilema is not a bonafide purchaser for value of the farms and that he should be declared a squatter and trespasser who is illegally occupying the farms.

In the alternative, the plaintiff wants Mr Hichilema to produce the contracts of sale or lease agreement and accounts for any money paid or due to the estate.
The plaintiff also wants the court to order Hichilema to remove the caveats on farm 3275 and 803 and that he should be ordered to stop insulting him, costs and any other relief the court may deem fit.

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