Maravi

Subject drags village head to court over land

Subject drags village head to court over land
By Laura Hamusute
Sat 02 Jan. 2010, 04:00 CAT

A man of Saili village in Lusaka has sued village head Helen Kasonde Saili for allegedly selling a portion of his land without his knowledge and consent.

This is in a matter where Hassan Kalino of the village in question, situated about 28 kilometres from Lusaka, has sued Saili and Wilson Phiri seeking a declaration that the sale of the land in dispute was null and void.

Kalino is also seeking a declaration that he is a bonafide settler of the area measuring 400 metres by 400 metres in Saili village.

He explained in a writ of summons filed in the Lusaka High Court that he had been an occupant of the land in dispute since 1990 where he practiced peasant farming.

Kalino revealed that the land is about 200 metres from the container along Great North Road in Chibombo district.

He revealed that he was given the land by Headman Saili (Wilson Makasa Kamando) now deceased in 1990 in the presence of his vice, Ernest Kasonde, also deceased.
Kalino complained that Saili (first defendant) sold a portion of his land without his knowledge to Wilson Phiri (second defendant).

He lamented that Saili denied that he was the owner of the portion of land and proceeded to sell it to an outsider without following procedure on land alienation in Reserves and Trust as prescribed in clause d (ii) of circular number one in 1985.

Kalino believed that his rights as enshrined in the Land Act (1995) and the Bill of Rights in part III of the Constitution had been violated.

It is against this background that Kalino has sought the intervention of the court.

Labels: CONSTITUTION, HEADMEN, LAND RIGHTS

posted by MrK @ 11:16 AM