Residents facing eviction from Kanengo Northgate project in Lilongwe have asked the High Court of Malawi to stop their removal until they get compensation as previously directed by the court.
High Court Judge Howard Pemba is scheduled to hear arguments on June 29 from the residents and GM Properties, the developer, over an application for a stay of execution against eviction notices served on occupants.
The residents’application follows a sheriff’s notice directing residents to vacate the property within 30 days to allow GM Properties to take possession after the court ruled that the company is the lawful owner of the land.
The notice requires residents to leave by July 4.
But lawyer representing the residents, Oscar Taulo, said the application was prompted by concerns that some families were being ordered off the land despite not having received compensation.
He said: “We have asked the court to ensure that the order is not enforced against individuals who have not received compensation as required by the judgement.”
GM Properties lawyer Jivason Luwa said he was yet to be served with documents relating to the latest application.
However, he maintained that the eviction notice applies only to residents of Kwendanguwo Village who had already been compensated.
The lawyer further argued that compensation is the responsibility of government because GM Properties purchased the land after it was converted from public to private land.
But senior group village head Kwendanguwo disputed claims that his subjects had been compensated, saying residents from about 20 villages were still awaiting payment.
In a ruling delivered on November 8, 2024, Judge Pemba declared GM Properties the rightful owner of land under Title Number Alimaunde 26/5 in Lilongwe District.
