HH SUED AGAIN

…over Kalamo farm land

He wants the court to order that the alleged sale of farms no 3275 and 803 to Mr Hichilema is a nullity or null and void ab initio for failure to comply with the provisions of Intestate Succession Act chapter 59 of the laws of Zambia.

He is also claiming an order of possession of the three farms and a payment of mesne profits for illegal use and illegal occupation of the farms.

Mr Hambwalula wants Mr Hichilema to pay him damages for the mental distress, anguish and surgery as a result of the stroke, an order for the removal of the caveats of farms 3275 and 803, damages for fraud and costs. According to the statement of claim filed in the Lusaka High Court on April 16, this year, Mr Hambwalula described Mr Hichilema as a trespasser and an illegal occupant of the three farms which form part of the estate of his father.

He stated that his father died intestate on July 18, 1998 in Kalomo and was buried on farm 801.

He said that after the funeral of his father, he left his mothers and siblings on the farm and for 16 years he never received any complaint regarding the farms.

However, Mr Hambwalula claims that it had not come to his attention that Mr Hichilema was interfering or illegally occupied the farms until 2015.

He said that all he knew from where he lives in Zimba was that his mothers and siblings had occupied the farms.

But when he visited the family in 2015, Mr Hambwalula stated that he was shocked to discover that Mr Hichilema in 2000 trespassed, fenced and illegally occupied farm no. 3275. He also learnt that the defendant had also occupied the other two farms and while gathering more information, he received a call from Mr Hichilema.

Mr Hambwalula then asked Mr Hichilema why he had illegally occupied farm 3275 for over 15 years without informing him as the eldest surviving son of his father and going further to even occupy the two other farms in question.