Pheluna And Milton Hatembo Appeals Against High Court Ruling Giving HH Kalomo Farm
Pheluna and Milton Hatembo have appealed against a High Court Ruling related to how Opposition leader, Hakainde Hichilema repossessed their farm in Kalomo.
High Court Judge Catherine Lombe Phiri ruled that the matter could not be heard in a civil case as the circumstances related to the repossession of the Kalomo’s farm number 1924 occurred in 2005, 15 years ago.
She stated that the matter was therefore statute-barred in a civil case although criminal complaint and investigations could be pursued.
But in the notice of Appeal, The Hatembos have filed three grounds of appeal stating that;
The learned trial court judge misdirected herself in both law and fact when she held that the appellants dealt with both Mr Mazuba and the respondent when there is enough evidence on record to show that the first Appellant never dealt with the respondent.
The learned trial judge erred in law and fact when she held that the transaction took place in 2005, which is some 15 years ago, when the Appellants have relied on Fraud and Misrepresentation which violates the time of limitation.
The Learned trial court erred in law and fact when she found as a fact in holding that the Appellants would have known that the respondent has assigned the property to himself when they have never dealt with him.
Mr. Hichilema through his lawyer Marshal Mucheende of M and associates had asked the court to dismiss the matter for being statute barred as it was brought way after the statutory 12 year period in which a matter of such nature can be brought before the court.
This article originally appeared on Lusaka Times