Mon, 15 Jan 2018 10:03:21 +0000
By BENNIE MUNDANDO
THE Legal Aid Board has given a seven-day ultimatum to those illegally cultivating and trespassing on the controversial Barlastone twin farm in Lusaka to produce title to the land or vacate the premises failure to which they will be cited for criminal trespass.
A controversy has been brewing between Mr Webster Mhango who has title to the farm No. F/693/A/28-693/A/29 after purchasing it from the previous owner, David Simpson, in 1980 and Ms Ketty Mwale who also claims she legally owned the land as she had settled there long before Mr. Simpson arrived.
A fortnight ago, Minister of Lands Jean Kapata visited the farm on a fact-finding mission after she was named in one of the publications as having given permission to cadres to start farming on the farm without permission from the owner.
But after hearing from both parties, she asked for time so that her office could verify its records.
However, last week, about 15 people are said to have visited the farm and conducted what seemed to be an inspection on the portion under contention.
And fearing to lose his land, Mr. Mhango contacted his lawyers and was advised to take his case to the Legal Aid Board which consequently ordered the other party to stay clear of the farm unless it had a title.
According to a letter dated January 12, 2018 and signed by legal aid assistant, Innocent Mulubwa, the board said a certificate of title held by Mr. Mhango conferred evidence that he was the legal owner of the land according to section 187 of the Laws of Zambia and that the other party did not have any lawful authority to enter, cultivate and do any other activity on the said private property.
“We wish to bring to your knowledge that in our jurisdiction, a certificate of title confers and evidences legal ownership of land as per section 85 of the Lands and Deeds Registry Act Cap 187 of the laws of Zambia and the person conferred with the certificate of title is entitled to quiet enjoyment, quiet possession, and freedom from interference.
“Should you have in your possession any legal authority justifying your entry, cultivating, or any other activities to be undertaken on the said land, we urge you to come with any of such lawful authority to our office on or before seven days in receipt of this,” the letter read in part.
The board further warned that it would take legal action against anyone who would continue trespassing on the farm if they failed to produce evidence within the stipulated period.
“Be informed that unlawful entry on a piece of land without the owners’ leave to do so amounts to an act of criminal trespass contrary to section 306 of the Penal Code of the laws of Zambia for which you would be prosecuted for and liable to imprisonment to a considerable term.
“You are therefore being urged and warned to desist from your furtherance of entry, cultivating, and carrying out any of such would-be activity on the said land failure to which we are instructed to proceed and will not hesitate to take up further criminal and civil legal actions against yourself, agents, servants, or any other would-be person acting by your instruction,” reads the letter.
