Lusaka~Sat 31st Oct 2020
By Brightwell Chabusha
In a statement of claim, Pheluna Hatwimbo and Milton Hatembo of Kalomo through their lawyers Ferd Jere and Company, have accused Hichilema of acquiring Farm number 1924 illegally, fraudulently and without consent of the administratrix on behalf of the estate of the Siatembo.
An administratrix of the estate of the late Samson Siatembo and another have sued Hichilema Lusaka High Court over a farm in Kalomo.
Hatwimbo explained that she was appointed administratrix after the demise of George Hambwelula who was initially appointed as an administrator of the estate of Siatembo.
The plaintiffs stated that on different dates between 2000 and 2005, the beneficiaries of Siatembo, agreed to sell 190 hectares of Farm No 1924 in Kalomo to Bernard Mazuba.
The plaintiffs stated that the beneficiaries of the estate and Mazuba agreed that consideration shall be K20,000 and Mazuba paid the said sum.
But the plaintiffs stated that without their knowledge, the said farm was occupied by Hichilema between 2005 and 2010 and he immediately attempted to occupy the whole farm but there was resistance from Douglous Hatembo.
They stated that at no time did Hatwimbo enter into a any legal relationship of seller and purchaser with Hichilema and she does not know him in person either did the the beneficiaries know him.
The plaintiffs stated that Hichilema fraudulently acquired the land by purporting that he paid K110,000 and a contract of sale was executed when in fact not.
The plaintiffs want the court to order that the assignment of subdivision A of Farm number 1924 be reversed on account of fraud and misrepresentation.
They also want the court to order Hichilema to pay damages for trespassing on her land without consent or licence and that he should pay mense profit for occupying and use of land without consent at a reasonable rent and lease fees.
Early this month, a peasant farmer sued Hichilema in the Livingstone High Court, claiming that he be ordered to vacate three farms in Kalomo of which one was mortgaged to Lima Bank.