LIVINGSTONE HIGH COURT TO DECIDE ON HH TRESPASS CASE

By Justin Akakulubelwa-The Livingstone High Court will on December 14 make a ruling in a case where UPND leader Hakainde Hichilema has asked the court to dismiss a case where a peasant farmer has sued him for trespassing and occupying three farms.

Mr. Hichilema wants the court to dismiss on points of law a case in which Misheck Hambwalula sued him for trespassing on his farms in Kalomo District.

Livingstone Judge-in-Charge Chilombo Maka-Phiri set the date when the matter was heard in chambers today.

Justice Maka-Phiri set December 14 for ruling on whether the beneficiary can sue to protect the estate or properties of his late father.

On the set date the court will also rule on whether a trespasser on land can be allowed to remain there simply because he has been trespassing there for many years.

The court will further rule on whether the case that was commenced in 2018 can follow the guidelines for 2020, such as writing a demand letter before one can sue someone.

According to the amended statement of claim, Mr. Hambwalula, who has sued as a beneficiary to the estate of his late father, George Nsemani Hambwalula, wants Mr. Hichilema to vacate farm number 3275, 803 and 801 situated in Kalomo.

Mr. Hambwalula claims that Mr. Hichilema is and was at all material times a trespasser and an illegal occupant of farm number 3275, 803 and part of farm 801 in Kalomo.

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