EXCLUSIVE: Kaphwiti Banda family hold court vigil over their Mchinji farm which Kamuzu gifted to Mama Kadzamira
In an expression of frustration over court delays, the family of the late politician Elias Kaphwiti Banda staged a vigil at the Lilongwe Civil Registry on Thursday, pressing for a court date in their endeavor to reclaim the 583-hectare Tichitenji Farm.
The farm, initially owned by Kaphwiti Banda, allegedly passed into the possession of former Kamuzu Banda’s official hostess, Mama Cecelia Kadzamira, after the family’s exile in 1971.
The family spent Thursday night encamped at the court premises.
The Kaphwiti family asserts ownership through a title deed, Lease Number 34722, issued by the Ministry of Lands in 1968, valid for 99 years.
Tapiwa Kaphwiti Banda, family spokesperson, elucidated: “What we seek here is justice. Since initiating this case in 2014 upon discovering the original title deed, there has been no movement in court, not even a scheduled hearing.”
Led by their 72-year-old matriarch, the Kaphwiti family intends to present a petition to Chief Justice Rizine Mzikamanda through the Lilongwe Civil Registry, steadfastly remaining until a definitive response is received.
But in an interview with NyasaTimes, Kadzamira’s lawyer Khombo Soko accused the family using the vigil as an attempt to influence the Judge.
“I actually think it’s a silly stunt that borders on contempt of court. And we take exception to it. We have actually protested to their lawyers,” he said.
He cited that the family is represented in the matter by two law firms with whom they should have raised their concerns.
“Their lawyers know exactly where the matter is at and why it is taking time. In fact, we failed to progress last time we appeared before the Judge because they had decided to issue a Third Party Notice against the Attorney General so that he too can be heard on the matter.
By the time the Court convened, the AG had not been served with the papers. This amongst other reasons is why the matter failed to proceed. As you can see, this is hardly the Court’s fault.
“Of course, we want the matter resolved as of yesterday. After all, it is our client who went to court,” Soko said.
According to court documents, Kaphwiti Banda acquired the farm in 1968, developing structures such as staff quarters, a maize meal, and a shop. However, when he fled to exile in Zambia in 1971, his properties, including the Tichitenji Farm, were seized.
Upon the advent of democracy in 1993, Kaphwiti returned, reclaiming only the commercial plots. A fortunate discovery of title deeds for these plots aided the family in regaining possession with the assistance of the courts. Despite this triumph, Kaphwiti’s dream of reclaiming the farm remained unrealized until his passing in 2012.
The family unearthed the farm’s title deed at the Ministry of Lands in 2013. The estate, initially named Tichitenji Farm by Kaphwiti, was later renamed Chalimbana Farm by Kadzamira.
In their pursuit, the family sought a bank loan, necessitating a change in ownership and a valuation of the plots. The Ministry of Lands provided the deed, explaining its presence among documents Barclays Bank surrendered when closing its operations in the country.
For the past decade, the family has attempted dialogue with Kadzamira, who has remained elusive. A letter of claim received a response through lawyer Titus Mvalo, asserting that the farm was gifted to her by Kamuzu.
Falesi Kaphwiti, Elias’s wife, challenges Kadzamira, contending that the first title deed handed to her is genuine. Legal submissions seek indemnity and an order to rectify the land register, canceling the lease granted to Kadzamira on the land belonging to Elias Kaphwiti Banda.
Kadzamira maintains ownership, citing a 1982 Deed of Surrender from Kamuzu. A letter dated June 16, 2016, emphasizes Kamuzu’s surrender of both Chalimbana Estate and Tichitenji Estate, with Kadzamira obtaining her own title deed for the latter.
The letter clarifies the focus on Tichitenji Estate, distinct from the larger Chalimbana Estate.
This legal saga continues to unfold, weaving a narrative of familial tenacity and legal intricacies at the heart of the Lilongwe courtrooms.
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