THE NEW LEGAL SUIT AGAINST HH OVER THE KALOMO FARM WAS ALREADY ADJUDICATED AND DISPOSED OFF BY THE LIVINGSTONE HIGH COURT
The case in which a Kalomo peasant farmer has sued UPND leader Hakainde Hichilema is dead and buried because it was already determined the High Court in Livingstone.
When Misheck Hambwalula lost the case to HH in February this year, the High Court ordered him to pay HH costs for wasting his time and making him spend money on a hopeless case.
The people who sponsored Hambwalula then abandoned him. He is supposed to pay HH’ s lawyers and those boys are not cheap. They charge per hour.
Here is the rubbish: the High Court in Livingstone concluded this case in February this year. In folly and ignorance , Hambwalula has been advised to restart this case in the High Court in Lusaka. In his ignorance, he does not know that the High Court in Livingstone is the same as the High Court in Lusaka, Ndola or Kasama. In short, you can not take the same case which has been finalised by a High Court Judge in Livingstone to another High Court judge anywhere in Zambia.
The case will be dismissed with more costs because it is an abuse of the court process.
HERE IT IS:
HH wins another court case
￼ Editor 2
3 months ago
The Livingstone High Court has dismissed the case in which leader of the largest opposition political party in Zambia was accused of illegally buying a farm in Kalomo.
Misheck Hambwalula, a farmer of Zimba, had sued UPND president, Hakainde Hichilema for allegedly buying his father’s Farm 3275 of Kalomo illegally.
But Hichilema – through his lawyer Marshal Muchende of M Associates argued that the plaintiff had no legal authority to pursue a matter he was merely a beneficiary and not an administrator.
In her ruling, Judge Chilombo Phiri upheld the defense’s argument that the Plaintiff had no legal authority to sue over the farm where he is not the administrator, but merely a beneficiary.
She, however, excused herself from ruling on the case having expired its legal period of being brought before court for fear of preempting an outcome in case an administrator decided to sue on the matter.
Hambwalula has since been directed to pay Hichilema’s costs and was granted leave to appeal.
This is the second case that Hichilema has won in the High Court within a week, a development his lawyers are attributing to persecution from his political opponents. -Byta FM