The Attorney General (AG) has successfully defended against a K110 billion claim concerning land acquired by the government in 1981 in Blantyre.
In a ruling delivered on Thursday in Blantyre, the Assistant Registrar of the High Court and Supreme Court of Appeal, Hussein Ibrahim, awarded the claimants a mere K20 million.
The claimants, Rajesh Hathirimani and Deepak Hathirimani, represented by Counsel Samuel Tembenu, SC, had sought K110 billion in compensation. Their claim included a substantial amount for the loss of opportunity relating to the land now known as Chirimba Industrial Area.
However, the Court ruled that the claim for loss of opportunity was not included in the pleadings and, therefore, could not be entertained. Consequently, the court awarded the claimants K20 million for the freehold land.
The claimants acted as administrators of the Estate of Kamila Gobindram Hathirimani, their late father. The dispute centered around 14 hectares of land in Chirimba, which they claimed was wrongfully acquired by the government under the Land Acquisition Act.
The AG, Thabo Chakaka-Nyirenda, had engaged expert valuers who estimated the value of the disputed land to be within the range of K4 to K10 million.
This valuation starkly contrasted with the claimants’ demand, ultimately leading to a significantly lower compensation award by the court.
AG (R), in the earlier court appearance with his witnesses
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