Family camps at court over farm tussle with Kadzamira

The late Elias Kaphwiti Banda’s family camped at the Lilongwe Civil Registry on Thursday night in protest against the High Court’s delay to resolve Tichitenji Estate ownership wrangle with former government hostess Cecilia Tamanda Kadzamira.

The family followed up the vigil by issuing a seven-point petition to the Chief Justice Rizine Mzikamanda demanding speedy trial and removal of presiding Judge Kenyatta Nyirenda.

The petition reads in part: “Since we are tired of being forgotten for dates of trial, ruling, and to be called for mediation, we have decided that with effect from 25th January 2024 until the matter is resolved or until we hear from you Honourable Chief Justice…

“We seek speedy resolution of the case; have direction why we were never called for mediation; … quickly issue dates of trial should mediation which we want to be held, fail; level the playing field that no one farms on Tichitenji Estate until the case is resolved.”

According to court records, the late Kaphwiti Banda secured ownership of the 583.771-acre estate in Mchinji District in 1967. However, Kadzamira took over in 1989.

Kadzamira argues that the farm was given to her by former President Hastings Kamuzu Banda. The former president took over the estate after Kaphwiti Banda fell out with the one-party  regime and fled into exile.

The Kaphwiti family’s bid to repossess the farm started in 2014 after its investigation led to the discovery of the late Kaphwiti Banda’s title deed at the Ministry of Lands.

The petition further says that the vigil is a result of discontentment over the handling of the case which started in 2020 after Kadzamira obtained an injunction restraining the Kaphwitis from staying at the farm located in Traditional Authority (T/A) Kawere.

 Court documents show that there are also title deeds in the name of Kamuzu obtained in 1972 for the same estate.

In an interview yesterday, the Registrar of the High Court and Supreme Court Kondwani Banda said he has not yet received the petition but he was aware of the matter about the family camping at the court premises.

Banda also said Justice Kenyatta was no longer handling the issue as it was handed over to Judge Simeon Mdeza who, he said, has a mountain of other court cases he was handling.