HH sued over land
UNITED Party for National Development (UPND) president, Hakainde Hichilema has been sued in the Lusaka High Court for allegedly obtaining land fraudulently.
Ms Pheluna Hatwmbo suing as administratrix of the late Samson Siatembo and Mr Milton Hatembo of Kalomo wants an order that the assignment of subdivision A of farm no 1924 be reversed on count of fraud and misrepresentation .
They want the court to order Mr Hichilema to pay them damages for trespassing on their land without consent or licence.
They also want the court to order Mr Hichilema to give mense profit for the alleged occupation and use of land without the plaintiffs consent at a reasonable rent and lease fees.
Ms Hatwmbo and Mr Hatembo want the court to cancel certificate of title no 42578 on account of fraud , misrepresentation or mistake as well as interest on all amounts due and costs.
Ms Hatwmbo stated that she became an administratrix after the demise of Mr George Hambwelula who was intiatially appointed as an administrator of the estate of the diseased.
She stated that on different dates between 2000 and 2005 the beneficiaries of Samson Siatembo agreed to sell 190 hectares of farm no.1924 in Kalomo to Mr Bernard Mazuba of the said district.
They stated in a statement of claim filed into the Lusaka High Court principal registry on October 28 2020 that the beneficiaries and Mazuba agreed that consideration shall be K20, 000 and pursuant to
the same agreement, Mazuba paid Hatwmbo on behalf of the beneficiaries.
Ms Hatwmbo stated that without the beneficiaries knowledge , the farm was occupied by Mr Hichilema between 2005 and 2010 and allegedly immediately attempted to occupy the whole farm but there was resistance from Daouglous Hatembo.
She stated that at no time did she enter into any legal relationship of vendor and purchaser with Mr Hichilema and she does not know him in person neither did the the beneficiaries know him.
Ms Hatwmbo stated that the farm was acquired illegally , fradulently and without consent of the administratrix on behalf of the estate of the deceased.
She said the particulars of fraud were that she agreed with Mr Hichilema to sell a subdivuded farm no 1924 to purport that K110, 000 was paid to her ( plaintiff) and that she executed the contract of sale and assignment among others .
Ms Hatwmbo stated that the representation made by Hichilema are false .
She stated that Mr Douglas Hatwmbo was almost forced to leave the farm but he resisted and has therefore pushed to the corner of the farm.
Ms Hatwmbo stated that the particulars of duress were that Mr Hachilema used force to remove Mr Hatembo and his family and pushed them to the corner of the farm.
Ms Hatwmbo stated that Mr Hichilema has occupied and has been using the whole farm for 10 years and yet he does not pay rent for the use and occupation beyond the 190 hectares which was sold to Mazuba.
She stated that the said occupation of the rest of the farm amounting 2222.6549 hectares is illegal and without consent of the administratix and beneficiaries and the same have suffered loss.
Ms Hatwmbo alleged that the beneficiaries have suffered loss because Mr Hichilema has been using the land for 10 years without rent for the excess land.