High Court Judge Kenyatta Nyirenda ruled in favor of Former President Hastings Kamuzu Banda’s official hostess Mama Cecilia Tamanda Kadzamira in an order in which the Kaphwiti Family applied for an order discharging an order of interlocutory injunction that was obtained by the former.
Kadzamira obtained the injunction after the Kaphwiti Banda family went to settle on the farm, which is under dispute.
A representative of the Kaphwiti family, Tapiwa told the media that her father, who was once a Member of Parliament for Mchinji, bought the farm in 1968 where he constructed staff quarters, a maize meal, and a shop among other structures.
However, he lost it when he went into exile in neighboring Zambia in 1971 after being blacklisted for opposing some of Kamuzu’s policies. His other properties such as commercial plots where he constructed shop buildings in Mchinji and a cottage in Salima were also seized, according to Tapiwa.
After the country was embracing democracy in 1993, she said her father returned but was only able to recover the commercial plots that had been occupied.
According to Justice Nyirenda’s ruling, the family accused Kadzamira of failing to disclose material facts and fraud and abuse of court process when she was obtaining the injunction.
However, Kadzamira through his lawyer Khumbo Bonzoe Soko said she did not suppress material facts as she was not aware of the lease that had been issued to the late Kaphwiti Banda in or around 1968 until she was served, through counsel, with a defense filed by the family and a sworn statement in opposition to the inter parties application for an order of injunction on June 15, 2020.
She, therefore, said one cannot suppress that whose existence they do not know.
On the allegation of fraud, she denied being a trespasser on the farm when the former hostess had possession of the said form, under a leasehold title, since 1978.
In his ruling, Justice Nyirenda said the court should not discharge the order of injunction because the wife to the late Kaphwiti Banda, Falesi did not demonstrate any interest in the land.
“For starters, despite claiming to be the administrator of the estate of the deceased, she has not exhibited the grant from this court appointing him as such. She and her predecessor in the title had no valid leas for Tichitenji Farm. Any such lease was canceled when the minister made a grant for another lease in respect of the same land to Dr. Banda,” reads part of the ruling
He then dismissed the application with costs.
Reacting to the ruling, Soko said they are happy with where they are.
“The matter will now proceed to trial. Otherwise, we are happy with where we are,” he said