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SUPREME COURT RULES OUT TIME BAR IN FRAUDULENT ACQUISITION OF LAND

By GRACE CHAILE LESOETSA

AFTER 33 years of litigation, Supreme Court has ruled that a matter involving fraud and misrepresentation cannot be statute or time barred.

The courts rule is that fraud unravels all…once fraud is proved, ‘it vitiates judgements, contracts and all transactions.

This is in a matter where Lusaka farmer Jonathan Van Blerk appealed against the Lusaka High Court’s decision to dismiss the case where he sued the State and five others for compulsory acquisition of a portion of f Baobab land which covers an extent of 557.8759 hectares which he used for agricultural purposes.

The Court has therefore set aside judgements passed in the matter. The matter has been through several high Court, Court of Appeal and Supreme Court actions where it was dismissed.

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