Triple S Ranch wants title deed reversal
TRIPLE S Ranch Limited has appealed against the Lands and Deeds Registrar’s decision to cancel certificates of title for its mechanised farm in which it has invested US$8.5 million on the Copperbelt.
In this case, the company has dragged the Commissioner of Lands and the Attorney General to the Kitwe High Court.
In an affidavit in support of summons for an order to stay execution of the Registrar’s decision, Triple S Limited Director Savas Samaras says the cancellation of the farm certificates of title is illegal, procedurally improper, and unreasonable.
“The said properties are subject of mortgages with Barclays Bank in the sum of US$37.5 million, which said monies are financing the farming project. I crave indulgence of this Honourable Court to stay execution of the decision of the Registrar pending determination of this appeal.
“The appellant reasonably apprehends that unless the decision of the Registrar is stayed by this Honourable Court, the Registrar will allot the property to someone else or cause the farms to be replanned, which will render these proceedings an academic exercise,” Mr Samaras said.
He said Triple S Ranch Limited is the registered proprietor of the farms number 30061, 30062 and 30063 and holds certificates of title numbers 27639, 26473, and 26474 over farms 30061, 30062; and 30063, respectively.
Mr Samaras said the company operates a mechanised farm and has invested US$8.5 million in the said project that includes nine centre pivots.
He explained that historically, Triple S Ranch Limited was the owner of farm F/4326, which was next to farm F/4287, which was re-entered in 2004 by the then Commissioner of Lands, after which it was re-planned into farms 30060, 30061, 30062, and 30063 and the remaining extent was offered to other persons. Mr Samaras said farms 30060 and 30061 were offered to Triple S Ranch Limited, which obtained certificates of title.
He said farms 30062 and 30063 were offered to a Fiddian Mbewe and Patson Kalamata who later offered the same to Triple S Ranch Limited by way of sale.
“The appellant company purchased the properties and obtained certificates of title as evidenced above. These farms were cancelled and later reinstated to the appellant in 2005 by the Minister of Lands (Judith Kapijimpanga) with the condition that the appellant should, among others, ensure that the area has a school and health facilities; and supplement the cost of issuance of 14 year leases to squatters in the area.
“In fulfillment of the conditions set out by the then Minister of Lands, the appellant has since proceeded to build a school in the area and further supplied materials for the building of a heath facility.
“The appellant has since proceeded to undertake huge farming projects on the said properties. Unknown to the appellant, the Registrar of Lands and Deeds Registry moved to cancel the aforementioned certificates of title on 15th January 2018.”