- But Mr Hichilema asked the Court to dismiss the matter on points of law, arguing that Subdivision “A” of Farm 1924, Kalomo was created, surveyed, marked off from the parent Farm 1924, Kalomo and assigned to him in 2005.
By GRACE CHAILE-LESOETSA
A KALOMO resident has told the court that she did not sign any deed assignment relating to the transfer of subdivision A of farm 1924 to Hakainde Hichilema and suspects her signature was forged.
This is in a matter where the UPND leader has been sued in the Lusaka High Court by an administratix of the estate of the late Samson Siatembo , Pheluna Hatembo and Milton Hatembo for alleged fraudulent acquisition of the land.
But Mr Hichilema asked the Court to dismiss the matter on points of law, arguing that Subdivision “A” of Farm 1924, Kalomo was created, surveyed, marked off from the parent Farm 1924, Kalomo and assigned to him in 2005.
He said that he was registered as a proprietor of Subdivision “A” of 1924, measuring 2222.6549 hectares and a certificate of title was issued to him by the Registrar of Lands and Deeds on September 22, 2005.
Mr Hichilema submitted that since 2005 to date, it has been 15 years of his ownership and occupation of the farm.
He added that the two complainants have never taken him to court for the cancelation of his certificate of title or charged him rentals or let alone evict him from the farm until when they sued him on October 28, 2020.
In an affidavit in opposition of application, Ms Hatembo and Mr Hatembo claimed they did not assign any portion of the farm to Mr Hichilema and did not recall even assigning any portions off the farm apart from selling 190 hectors to a Mr Benard Mazuba.
They contended that the marking off as well as the renumbering was done without their instructions and was therefore illegal and fraudulent.
The two stated that after they discovered in 2016 that the property had been assigned to the defendant, they have challenged Mr Hichilema on how he has become vested of the large mortgage on the property, without their knowledge in collusion with the liquidators.
Ms Hatembo and Mr Hatembo said they came to know recently that the firm that dealt with the liquidation of Lima bank was linked to Mr Hichilema and they believed that he could have been one of the liquidators.
“That I as the first plaintiff ( Ms Hatembo) did not sign any deed of assignment relating to the transfer of subdivision A of farm 1924 to the defendant and I verily believe that the same signature was procured by fraud and may not even be authentic signature,” Ms Hatembo said.