PF APPEALS HH’S KALOMO LAND CASE
The PF has facilitated and paid for Pheluna Hatembo and Milton Hatembo to appeal against the judgment of the High Court which dismissed with costs the case in which the two useful idiots sued the UPND leader Hakainde Hichilema for trespass and fraudulent acquisition of farm number 1924 in Kalomo.
The two are represented by a crook called L Mumba of Fred Jere and Company law firm. Lawyer Mumba was a few months ago arrested by the Drug Enforcement Commission for forging medical reports of one of his clients. The forgery case is still active. In December last year, the law firm Fred Jere itself was closed by the Law Association of Zambia for various crimes. It was reopened after the PF intervened.
High Court judge Lombe-Phiri dismissed the case against HH saying too much time has passed before the so called owners of the farm decided to go to court. According to the law, if you have such a problem, you must go to court within 12 years.
But the two PF useful idiots only decided to sue after receiving money from PF. They claimed that they never dealt with and did not know that he owned the farm until a few months ago. But the farm is fenced and HH got the title deeds in 2005. But these two didn’t know???
Here is something very important: the High Court dismissed this case because it is statutory barred, that is to say, it was taken to court too late and the law does not allow that.
But, the court further found that Pheluna and Milton Hatembo are not honest people. The court said:
It is preposterous to invite this court to believe that the plaintiffs (Pheluna and Milton) could not have been aware of the overt action by the defendant (HH) of fencing the property and placing his workers on it, to show the extent of his acquisition. Further, the depositions (statements) of the plaintiffs (Pheluna and Milton) are not only conflicting but confusing. In one breath they claim to be completely unaware of the acquisition of the property and in the other claim they were only dealing with Bernard Mazuba. They further stated that the property was mortgaged to Lima Bank and yet at the same time, having not cleared off the said mortgage were transacting to sell off to sell of portions of the the land. I find that the version of events by the plaintiffs leave much to be desired to the extent of the untruthfulness. The events as presented by the defendant (HH) as backed by documentary evidence tend to represent the truth.
So even if this case was dismissed for being time barred, the High Court actually said that even in substance, the claim is empty as Pheluna and Milton Hatembo are dishonest liars.
Despite this court statement and because this is a pollical matter being funded and pushed by the PF, Pheluna and Milton Hatembo have appealed to the Court of Appeal using the same questionable law firm.
In the notice of Appeal, The Hatembos have filed three grounds of appeal stating that;
1. The learned trial court judge misdirected herself in both law and fact when she held that the appellants dealt with both Mr Mazuba and the respondent when there is enough evidence on record to show that the first Appellant never dealt with the respondent.
2. The learned trial judge erred in law and fact when she held that the transaction took place in 2005, which is some 15 years ago, when the Appellants have relied on Fraud and Misrepresentation which violates the time of limitation.
3. The Learned trial court erred in law and fact when she found as a fact in holding that the Appellants would have known that the respondent has assigned the property to himself when they have never dealt with him.