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Case against HH statute barred

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  • In this matter, Ms Pheluna Hatwimbo suing as administrator of the estate of late Samson Siatembo and Mr Milton Hatembo of Kalomo wanted an order that the assignment of subdivision A of farm no 1924 be reversed on count of fraud and misrepresentation.

By GRACE CHAILE-LESOETSA

LUSAKA High Court Judge Catherine Lombe Phiri said Ms Pheluna Hatwimbo as administrator of the estate sat on her rights and had come too late to attempt to rely on fraud to stop the time running.

“Having found that Section 4 and 10 of the Limitation Act 1939 apply to this case as the right to sue arose in 2005 and Section 26 does not apply in this case this matter is dismissed for being statute barred,” she ruled.

According to a ruling passed on January 20, 2021, Ms Justice Phiri said it had been clearly shown by the printouts from Ministry of Lands, whose veracity has not been challenged, that the parties were aware in 2005.

In this matter, Ms Pheluna Hatwimbo suing as administrator of the estate of late Samson Siatembo and Mr Milton Hatembo of Kalomo wanted an order that the assignment of subdivision A of farm no 1924 be reversed on count of fraud and misrepresentation.

They wanted the court to order Mr Hichilema to pay them damages for trespassing on their land without consent or licence.

They also wanted the court to order Mr Hichilema to give mense profit for the alleged occupation and use of land without the plaintiffs’ consent at reasonable rent and lease fees.

Ms Hatwimbo and Mr Hatembo wanted 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.

Judge Catherine Lombe Phiri in her ruling said the version of events by the duo left much to be desired to an extent of untruthfulness while the events by Mr Hichilema backed by the documentary evidence tended to represent the truth.

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