High Court orders Mzuzu Council to stop land distribution

The High Court in Mzuzu has ordered the Mzuzu City Council to immediately stop selling, transferring or demarcating a piece of land it wanted to confiscate at Group Headman Mayinga, Traditional Authority Mtwalo in Mzimba district.

The village though in Mzimba district lies within the city boundaries just off the M1 road to Karonga.

Under Miscellaneous Civil Cause , Judge Dingiswayo Madise granted Wezie Kalua Fyandomo an injunction restraining Mzuzu City Council, their servants, agents or otherwise… from dealing in an manner with the land and the houses of Fyandomo until determination of matter or until a further order from the court.

The court further warned the Council that neglecting to obey the order will result in imprisonment.justice

In her affidavit supporting the application for the restraining order filed through Mzuzu based Lawyer, Christon Ghambi of CHRAM Associates, Fyandomo said she was given a piece of land by Group Headman Mayinga at an area called  Lupaso.

She said wanted to lease the land and built decent houses.

“When I approached the Mzuzu City Council they told me that the land was not under their control but traditional authorities. They referred me to the Surveys department so that they survey my land in preparation of the lease.

“I was later asked by the Mzuzu City Council officers to come up with a plan for my house of which I produced and handed to them,” Fyandomo said.

But she said she was shocked on February 22, 2013, to see more than six men from the Mzuzu City Council on her land re-demarcating the land for re-distribution to other people.

“Since I submitted my plans to the Council I have never been called to discuss anything on my land. I am afraid that people who have been given this land will start destroying my property before the issue is resolved,” Fyandomo said.

She said the conduct of the Council amounts to arbitrary deprivation of land contrary to Malawi’s constitutional provisions.

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