Dismiss Galaun petition – AG

ATTORNEY General Likando Kalaluka has asked the Lusaka High Court to dismiss a petition by 3,500 residents who are seeking permission from President Edgar Lungu to allow them settle on Galaun farms.

 

The residents have petitioned Mr Lungu to use his powers and repossess the 500 hectares of land allegedly being used as collateral by Galaun farms.

 

Mr Kalaluka said in his response to a petition by the petitioners that it was misdirection for them to sue the President in the matter when he as Attorney General had also been included in the petition.
He asked the Court to correct the anomaly by invoking the provisions of Order 14 Rule 5 (2) of the High Court Act chapter 27 and ensure that the title holders of the farm were protected by the law.

 

“At best the current law treats the petitioner as squatters who cannot build on the land they are claiming, squatters built at their own risk because they are not title holders to the land in question,” he said.
Mr Kalaluka said the petitioners should not claim to have an interest in the equity by adverse possession because they were purportedly given the land in 1970 by unknown people.

 

He said by that date, the land in question was already a subject of certificates of title.
He submitted that in Zambia no rights by adverse possession could be acquired if land becomes the subject of a certificate of title according to the holding of the Supreme Court landmark judgment between Chief Chamuka and Kabwe Rural District Council.

 

He said it was difficult to appreciate how any of the provisions of Article 16 had been and were being contravened in relation to the petitioners who were just squatters on the said piece of land.
“We pray that this matter be dismissed on a point of law with costs to the defendants,” he said.

 

In another court, High Court Judge Florence Lengalenga has allowed the Law Association of Zambia (LAZ) and Heritage Party leader Godfrey Miyanda to be joined as respondents to proceedings where four people are seeking the deferment of the 2016 elections.

 

LAZ and General Miyanda have stated in their application that they are interested parties who want to follow the proceedings as respondents in the matter.
Judge Lengalenga allowed them to be joined in the matter set for August 20 this year for hearing and determination of the main matters.

timesofzambia