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Kalomo farmer to pay HH K2.2 million legal costs

THE Livingstone High Court has ordered Kalomo farmer Misheck Hambwalula to pay President Hakainde Hichilema about K2.2 million in costs.

This is in a matter where Hambwalula sued President Hichilema while an opposition leader on allegations that the latter illegally possessed 1,500 hectors of his late father’s farm 21 years ago.

Hambwalula was seeking an order that the alleged sale of Farm No. 3275 and 801 in Kalomo to Hichilema is a nullity for failing to comply with the intestate succession Act Chapter 59 of the laws of Zambia.

The complainant who also sued Hichilema in the Livingstone High Court over the same matter, wanted an order for possession of Farm No. 3275, 801 and 803 and an order of injunction restraining Hichilema, his servants and agents from carrying out farming activities, erecting structures, cutting down trees and entering on the said farms and interfering with the beneficiaries’ quiet enjoyment.

But the matter was thrown out in July this year by Lusaka High Court judge Susan Wanjelani.

Justice Wanjelani in an order dismissing the matter struck out the case from the active cause list due to failure by Hambwalula to prosecute his case.

She gave the complainant a seven-day ultimatum in which to restore the case failure to which it will remain dismissed.

And according to a certificate of taxation drawn by President Hichilema’s lawyers from M Associates and issued by the Livingstone High Court, dated August 30, 2021, Hambwalula is expected to pay K2,256,322.53.

“In pursuance of the application by counsel for the defendant to tax the bill of costs on party to party scale. Notice of taxation having been given and the Notice of hearing having been issued,” read the notice in part. “I have been attended by both counsel for the plaintiff and the defendants and by my ruling dated 5th August, 2021, I certify that I taxed the costs for the defendant and allowed them in the sum of K2,256,322.53.”

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