By Draxon Maloya
MZUZU-(MaraviPost)-About 1000 households residing on disputed Agricultural Development and Marketing Corporation (ADMARC) land at what used to be Katoto Estate (Gesha and Wedi locations) in Mzuzu City have appealed to State President Peter Mutharika to intervene in a looming eviction order.
The fears arose following an inter-partes application brought before the Court of Appeal in Mzuzu under Section 7 of the Supreme Court of Appeal Act, read together with Order I Rule 18 of the Supreme Court of Appeal Rules.
The Appellants sought a stay of execution of a High Court judgment delivered on 22 May 2024.
The contested ruling declared ADMARC the rightful owner of land held under Deed Number 52998, situated at Katoto Estate in Mzuzu, and directed the Appellants to vacate the land within ninety days.
Leading the households, 68-year-old Jane Chiwuwa and 74-year-old Chatsalira Njikho accused the previous (MCP) government of fueling the dispute that led the court to declare them illegal settlers.
“We are requesting President Peter Mutharika to intervene in this matter. We know the MCP government was behind all this confusion that influenced the court to issue an eviction order,” said Njikho.
Group Village Headman Kaula and others dissatisfied with the High Court’s determination filed a notice of appeal to the Supreme Court, seeking a stay of execution pending the final hearing which also went in favour of ADMARC.
Part of the Supreme Court’s determination reads: “The application is supported by the sworn statement of Mr. Leonard Emmanuel Mbulo, learned counsel for the Appellants, and skeletal arguments filed on their behalf. The Respondent opposes the application and relies on a sworn statement and skeletal arguments filed through its counsel.”
The ruling further noted: “At the hearing of the application, both parties were afforded full opportunity to address the Court, and the documents filed herein were adopted as forming part of their respective cases.”
Efforts to obtain ADMARC’s position through its legal counsel, Victor Gondwe, proved futile as his phones went unanswered by the time of publication.
Meanwhile, rife rumours that ADMARC intends to enforce the court order have unsettled the occupants, many of whom have lived on the land for decades.
They are now appealing to the President to exercise his executive authority and prevent what they fear could become a forced eviction.