Kadzamira cross-examined in estate ownership wrangle

Former government official hostess Cecelia Tamanda Kadzamira appeared in the High Court in Lilongwe for cross-examination in a farm ownership case against former politician, the late Elias Kaphwiti Banda’s family.

The land under contention is a 583.771-acre Tichitenji Estate located in Mchinji District.

In the near three-hour session of the civil case 373, Kaphwiti family lawyer Wapona Kita pinned his questions on the validity of Kadzamira’s title deed obtained in 1989, court documents show.

Records further state that Kaphwiti Banda owned the farm before he was exiled following a fallout with the former Malawi Congress Party (MCP) one-party regime.

His family claims its title deed, which is dated 1967, is still valid and occupied the estate before Kadzamira obtained an injunction and filed a lawsuit, triggering the legal tussle.

Kita asked Kadzamira, in the case before Judge Semion Mdeza, if there is proof that the Kaphwiti Banda’s title deed was cancelled, and she said: “no.”

However, she insisted that the farm was abandoned.

The lawyer also faulted Kadzamira’s title deed, pointing out that her title deed was executed in 1982 and only got registered in 1989 which is beyond three months legal requirement.

The 86-year-old, who was calm and seemed to have a strong memory as she recalled a string of events leading to her farm occupation, said she was aware of that legal requirement.

“The law says not registering it beyond that period means your deed is null and void. Are you aware of this?” Kita quizzed.

“I don’t know,” she snapped.

Kadzamira, a prominent figure in the then MCP regime, dismissed the defence’s assertions that she was powerful and used her influence to grab the estate.

She claimed there were 50 other applicants seeking to own the estate.

When Kita asked if it was procedural for former president Kamuzu Banda to grab the land, Kadzamira responded: “You are confusing me.”

In an interview after the session, Kita said: “The position at law is that if you have got two title deeds on the same piece of land, the first in time prevails.

“I was able to show that since 1968, that title deed has never been cancelled or forfeited, meaning that, as we stand to this day, it is still valid.”

Meanwhile, Kadzamira’s lawyer Khumbo Soko passed on the chance to re-examine her.

The case has since been adjourned to a date yet to be fixed.