AN administrator to the Estate of Jethro Namakobo has sued Chilanga member of parliament Maria Langa in the Lusaka High Court for trespass and illegal allocation of land.
Malelo Namakobo Ilukena has cited Attorney General Likando Kalaluka, Simon Kabamba, Langa, Joe Zulu and Dismus Mutale as respondents in the matter seeking an injunction restraining Langa from trespassing on the deceased’s land in Mwembshi.
The plaintiff wants the Lusaka High Court to declare that Jethro Namakobo’s Estate was the equitable owner of all the land currently known as farm no. F/7027 that initially consisted farm no.1942.
Ilukena is seeking a declaration that Kabamba’s lease having expired, a certificate of title relating to farm no.F/7027 must be issued to the Estate of the late Jethro Namakobo .
The plaintiff wants a declaration that Langa, whether in her personal capacity or in her capacity as MP for Chilanga Constituency, together with her agents Zulu and Mutale have no authority to enter upon the subject property for purpose of subdividing and allocating plots to anyone.
In an affidavit in support of summons for an order of interim injunction, Ilukena stated that in 1970, the late Peter Namakobo, who was his grandfather negotiated and purchased farms no.1942 from its previous owner, H. Howard and lived there until his demise on August 3, 2006.
He stated that in 1987, the United National Independence Party (UNIP) government exercising its power of eminent domain to compulsorily acquired a number of farms, including farm no.1942 Mwembeshi for which the government offered to compensate.
Ilukena stated that after the change of government from UNIP to MMD, the government rescinded its
decision to compulsorily acquire the land and returned the properties that were acquired to the original owners of the land.
He said that farm no.1942, Mwembeshi had been divided into farm no.7026 and farm no.7027 and the late Peter Namakobo transferred his interest to Jethro Namakobo.
Ilukena indicated that he commenced the matter on behalf of the estate of the late Jethro Namakobo, who at the time of his death was the registered holder of farm no.7026 and the equitable owner of farm no.7026.
“That in the wake of the reversal, the Chilanga district council advised the Attorney General Likando Kalaluka to re-issue the title to the Namakobo Estate as they were the sitting tenants, Ilukena said.
He stated that in the midst of his engagement with Kalaluka, Langa started ferrying hordes of unknown people to the subject property and demarcating land and allocating plots to people.
Ilukena said that Zulu and Mutale were appointed by Langa to supervise and oversee the illegal demarcation and allocation of plots and were on site every day for the illegal purpose.
He pleaded with the court to intervene in the matter and maintain the status quo by restraining Langa, Zulu and Mutale from further continuing with their illegal activities until the matter is resolved.
Ilukena said he would pay damages for any loss that the respondents would have suffered should the court later discharge the injunction and resolve that the injunction should never have been granted.
He added that the owner of the late Jethro Namakobo’s Estate was at the verge of losing the land to political cadres who do not have title to
the property, as it is difficult to adequately secure the land.
Ilukena is further seeking damages for trespass on the land to be assessed, costs of, and incidental to the action and any other relief the court may deem fit.