Two Head women in court for trespass, injunction

CHINTU MALAMBO writes A HEAD woman of Kalundamabwe village in Chieftainess Mungule, Chibombo district has sued another head woman from Chipalaya village in the same Chiefdom, seeking an interim injunction to restrain her from trespassing and allocating portions of land in her village. Patricia Kawina is seeking a declaration of the Lusaka High Court that any structure that has been built by the third parties who were allocated land by Martha Chisebuka be demolished immediately. Ms Kawina wants an order that Ms Chisebuka has no authority to allocating any portion of land to people in her village. She wants an order that any certificate of title issued to any third party who was allocated land by Ms Chisebuka or any other head person be declared null and void. Ms Kawina stated in her statement of claim that Ms Chisebuka has now started allocating portions of land to other people in the plaintiff’s village without her consent. She stated that the Kalundumabwe village was established in 1952 when the then head person was allocated the piece of land in the extent of approximately 350 hectares in Chieftainess Mungule. Ms Kawina stated that from the time the said Kalundumabwe village was established the subjects of the village have been living in peace without any interference from a head person of another village. She stated that she however, come to learn that some people who left the area some time back have now started coming through the defendant (Chisebuka) claiming for land within her village. “Going by the Lenje tradition and custom, if a person or a family relocates to another area the land they were occupying reverts back to the headperson who is the traditional custodian of the land,” Ms Kawina stated. Ms Kawina further stated that the head person has the authority to re-allocate the said land to another person or family unless the person who relocates leaves behind some of his or her family members who would then take over the said land. She stated that she has received information that the defendant is allocating land on the southern part of her village without her consent as the traditional authority in the said village. Ms Kawina stated that she has tried to resolve the matter with the defendant but all efforts have proved futile. Ms Kawina stated that the she truly believes that unless she is granted an order of interim injunction, she shall suffer irreparable damages that could not be atoned by way of compensation. The Sun