By Dickson Jere
A lawyer acquired farmland through purchase on market overt. He did the required two aspects of land due diligence by conducting a search at both the Ministry of Lands (Lands and Deeds Registry) and on site. The land had no encumbrances.
However, upon change of ownership to his name, a small group of people appeared on the land, claiming to have also bought some portion of the farm from the same seller. However, they had no documents to support their claim.
After back and forth discussions, the lawyer decided to sue the lead person and his cohort in the Lusaka High Court, claiming for possession and eviction of the squatters. They had claimed to have built some structures on the same land in the belief that they had genuinely bought the portion of the farm.
The Court, after hearing the matter, observed that the Respondents failed to file any documents to show ownership of land that has always been on title even before independence. He then ordered Zambia Police to assist the Sheriff Office to evict the squatters who had become unruly.
“These farm invasions negate property rights guaranteed by the Lands and Deeds Registry Act, and the Constitution. Land is a symbol of liberty and such rights remain inviolate,” said Justice Dr Philip Musonda (as he then was).
“Squatters on the land though their loses are regrettable, have no right to compensation, this is trite. I therefore order possession as prayed with costs,” the Judge ruled.
He declined to order any compensation, which was demanded by the squatters and instead directed the police to carry out the order for vacant possession and evict all the squatters on the farmland.
The Court noted that under the Lands and Deeds Registry Act, a Certificate of Title is conclusive evidence of ownership of land and the lawyer ably showed his title and how he acquired it.
Case Citation – Dickson Jere v Derek Phiri and Others – 2010/HP/1327.
The squatters left immediately judgment was passed and before the police could move in.
This case illustrates the old principle of law that squatters build on their own risk and once the matter is determined by court, they cannot claim compensation whatsoever for their developments. Make sure you have proper documents before you start building on any land.
Always use lawyers in land transactions as they will be able to provide you with proper due diligence required before purchasing land. This includes verifying the title and the capacity of the vendor to sell the same land.
The courts have always warned buyers of land that proper due diligence is required unlike buying tomatoes on the market. Buying land is serious business!
