Judge Phiri recuses herself from new HH Kalomo case
LUSAKA High Court Judge Catherine Lombe Phiri has recused herself from handling the case where a Kalomo resident sued UPND president Hakainde Hichilema for alleged fraudulent acquisition of 1, 500 hectares.
LUSAKA High Court Judge Catherine Lombe Phiri has recused herself from handling the case where a Kalomo resident sued UPND president Hakainde Hichilema for alleged fraudulent acquisition of 1, 500 hectares.
In a memorandum signed on April 29, 2021 addressed to the Judge-in-Charge, Ms Justice Phiri who was allocated to handle the matter said that the claims by Misheck Hambwalula, an administrator of the estate of his late father, George Hambwalula were related to the issues that arose in another case she presided over under cause 2020/HP/1128 where Mr Hichilema was sued by Ms Pheluna Hatembo and Mr Milton Hatembo for illegal possession of farm no.1924, also situated in Kalomo.
"In that regard I find that it would not be suitable for me to preside over this case as there is a high risk of perceptions of lacking in objectivity or potential bias. In that regard I recuse myself from the matter and send it back to her ladyship for reallocation,” she stated.
Judge Lombe Phiri dismissed the matter under cause no. 2020/HP/1128 stating that the right to sue rose in 2005 in accordance with section 4 and 10 of the Limitations Act hence dismissing it for being statute barred as it was brought 16 years after instead of the mandatory 12 years.
Mr Hambwalula seeks an injunction restraining Mr Hichilema and his agents, employees purporting to act on his behalf from carrying out farming activities, erecting structures, cutting down trees, entering, occupying, interfering with the beneficiaries’ quiet enjoyment of farm numbers. 3275, 801 and 803, Kalomo.
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.