THE Lusaka High Court is today scheduled to hear contempt of court proceedings against United Party for National development (UPND) president Hakainde Hichilema and Lusaka lawyer Mubambe Muchende.
The case is expected to come up before Judge Florence Lengalenga at 14:00 hours.
This is in a case in which Dubica Motors proprietor Zlatko Vidmar has applied for contempt proceedings against Mr Hichilema and Mr Muchende for allegedly selling plots on a land which is subject to court proceedings.
The two are alleged to have sold several plots against a High Court injunction order which barred them from dealing or interfering with the land, whose ownership is under dispute, until further determination of the matter.
On March 3, 2006, then Lusaka High Court Judge, the late Japheth Banda granted Mr Vidmar an ex-parte order of injunction restraining Mr Hichilema and Mr Muchende from carrying out any developments or any other activities or interfering with his quiet enjoyment of subdivisions 7, 8, 9 of farm number 109a.
The land is located on Katima Mulilo Road in Garden Township.
Following the order, Mr Vidmar’s lawyer Pixie Yangailo issued a penal notice which reads: “Take notice that in the event of any breach of this order by the third defendant (Mr Hichilema and fourth defendant Mr Muchende) by themselves, their servants or agents or in any manner whatsoever could result in committal proceedings being commenced against them and further result in them being imprisoned.”
But according to the lands register printout dated August 28, 2009, and obtained by the Mail in Lusaka, Mr Hichilema and Mr Muchende sold several pieces of land on the property in contention.
On August 24, 2006, Mr Hichilema and Mr Muchende sold subdivision 7 to a Mr Donald Luhanga and one Eleanor Makwaba for K25 million.
The report says on March 26, 2007, the duo sold subdivision 9 to Henson’s Used Car Sales and Rentals Limited at K250 million.
On April 27, 2007, the two sold three pieces of land to one Hanif Mohamed at K14 million each.
The report says on the same date, Mr Hichilema and Mr Muchende sold another three subdivisions to a Mr Haroon Mohammed Patel at K14 million each.
The duo also allegedly sold two subdivisions to Mr Patel Mohmed Sakil Sadik at K13, 750,000 each and two subdivisions to Mistry Nischal Bharat at K12 million each.
They also reportedly sold five subdivisions to Sparlite Candle Limited at K15 million each, and four subdivisions to Mr Patel Yakoob Ahmed at K14 million.
The report further says the two sold a subdivision to Mr Patel Mohmed Sakil Sadik at K13, 750, 000.
On June 11, 2007, Mr Hichilema and Mr Muchende sold two subdivisions to Harriet’s Bakery Limited at K170 million while on June 25, 2007, the duo allegedly sold four subdivisions to one Garg Verma Monee at K13 million each.
On September 5, 2007, Mr Hichilema and Mr Muchende allegedly sold three subdivisions to Mr Samuel Kataya and one Albour Mundanda at K15 million each, and allegedly sold more plots to various individuals.
Mr Vidmar’s application for leave to apply for an order of committal is pursuant to Order 52 Rule 4(1) of the Supreme Court rules.
“I verily believe that from March 3, 2006, the date of the injunction order, the third defendant (Mr Hichilema) and fourth defendant (Mr Muchende) have carried out several actions contrary to terms of the injunction,” Mr Vidmar said in his application.