Zambian Land Title Controversy: Plot 3099 Cancellation Raises Legal Questions in Fraud and Trespass Case

A 43-year-old Southern Province Principal Land Officer has informed the Livingstone Magistrate's Court that plot number 3099 was cancelled in 1998 by the Surveyor General's office because it was encroaching on another plot, a situation which led it to being renumbered and resized.

This is a case in which Israel Mushoke, Shah Chihanganlal, and Lata Shah are charged with fraud  and criminal trespass.

Mushoke, aged 54, and Chihanganlal, aged 65, are charged with procuring the execution of documents by false pretences.

The alleged offence took place between January 1, and June 30, last year.

The trio are alleged to have used false pretences and fraudulent representations to induce George Sindila, the Acting Lands Officer, to sign a document known as lease number Lt-37146 concerning Stand No. 3099 in Livingstone.

 And Mushoke and Chihanganlal are accused of unlawfully entering the property of Vasanti Chikhalya at Stand No. 2056 and the property of Patel Umashabhai at Stand No. 4416 in Livingstone between January 1, and June 30, last year, with the intent to commit an offence.

Shah, a 60-year-old businesswoman of Indian origin, is another person involved in these alleged activities.

The trio is represented by Swizt Mweemba of Swizt Mweemba and associates.

Testifying before Chief Resident Magistrate Julius Malata, Principal Land Officer Musamai Masheka stated that the plot was created in 1989, and his office maintains all the maps of the plots that have been created.

Mr Masheka also said that there was encroachment, leading to the cancellation of plot 3099.

“The Surveyor General's office is responsible for confirming the existence of the property,” he said.

Moreover, he said there was no remark in the system indicating that the plot had been cancelled, and the change from 3099 to 4416 did not show who had signed the document.

Mr Masheka said surprise regarding how a title was issued despite the plot number being cancelled.

"I can confirm that all the properties in question had titles. Specifically, 2056 and 4416 were issued in 1989, while 3099 was issued in 2022.

I would like to state that 3099 was indeed issued and is on a title, but the plot number was canceled. It's worth noting that only the system reflects its existence," he said.

Furthermore, he said he did not have possession of the title for 3099, which had been issued to Mushoke, because it had been processed by the ministry headquarters, not the province.

He said he did not have the file in Choma; if it exists, it would be in Lusaka.

Mr Masheka also admitted that he did not know when 2056 was created but assumed that the plot had been established in the 1960s.

He said that the creation of plot 4416 had been recommended by the council, and in 1999, it was numbered and mapped, subsequently becoming known as plot number 4416.

“We do not inspect the lands or properties in the province unless there is a request from the council whenever they want to re-enter some properties in their areas,” Mr Masheka said.

Mr Masheka said they only conduct inspections upon request by the local authorities in the province so that such properties can be re-entered.

He said he recalls that his department in Choma had been visited by Zambia Police officers who were investigating three pieces of land in Livingstone.

Mr Masheka said the police were investigating three properties: 3099, 2056, and 4416, which was around April.

Trial adjourned to November 6, 2023.   End