Mzuzu Senior Resident Magistrate’s Court has evicted 116 households from nine villages in Mzimba from a 500-hectare private estate they encroached.
Senior resident magistrate Christopher Makumba made the order yesterday and gave sheriffs instructions to forcefully evict those that will resist voluntary relocation.
The order, addressed to the Sheriff of Malawi, is subsequent to a judgement the court delivered on March 30 2026 ordering the households to vacate Luhomero Estate, located in Traditional Authority Mtwalo, within a period of 60 days. The estate belongs to National Food Reserve Agency chief executive officer Bruce Munthali.
Munthali. | Nation
Through their lawyer Francis Machongo of Malawi Legal Aid Bureau, the encroachers applied for a stay of the judgement pending appeal, but the court on June 8 2026 dismissed the application on the basis that there was enough notice to comply with the order.
In his order yesterday, Makumba said it was not in the interest of justice to grant the stay order when the defendants were already allowed sufficient time to vacate the land.
Reads in part the eviction order: “The said period of 60 days has elapsed and the defendants, their families, dependents and licencees are still in occupation of Luhomero Estate which belongs
to the plaintiff.
“This is, therefore, to require you that per the judgement of the court, you evict the defendants that you may find on the land.”
The land was occupied by several villages led by village heads Sukuzwayo Tembo, Chotha Tembo, Chimutu Msiska, Isaac Tembo, Yelemia Tembo, Koloni Kamanga, Chiophi Singini, Mpokera Msiska and Jalira Chioni, all under group village head Sibuli Tembo and Senior Chief Mtwalo.
In March, Makumba observed that on a balance of probabilities, Munthali’s evidence made more sense, saying it had been proven that the plaintiff acquired the land legally and holds a deed.
Malawi Legal Aid Bureau public relations officer John Namalenga Junior said in a WhatsApp response yesterday that they have applied for a stay of execution of the eviction order.
On the other hand, Munthali’s lawyer, Leonard Mbulo said the community continued to encroach on the land despite Munthali trying to reason with them on the consequences of trespassing on private property.
But the households, represented by Tchalesi Msiska as first defendant, said each of them have held part of the estate as customary land in succession from their forefathers and that this has been their home where they live and cultivate.
