Livingstone Watchperson Konino Chirwa testifies in land dispute

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By CHALI MULENGA
Livingstone, Southern Province, Zambia

A Watchperson at Maramba Cultural Village has told the Livingstone Magistrate Court that he was concerned when he heard people speaking at the plot next his work place and decided to find out.

This is in a case where Israel Mushoke, Shah Jayendra Kumar Chianglal, and Lata Jehendra Shah, are facing three charges, ranging from procuring execution of documents by false pretence to criminal trespass.

It is alleged that the trio, along with unidentified accomplices, allegedly engaged in a scheme between Saturday, January 1, 2022, and Thursday, June 30, 2022.

Operating in Livingstone, the suspects are accused of employing false pretences and fraudulent representations to induce George Susiku Sindila, the Acting Lands Officer, to sign and execute Lease No Lt-37146 for Stand No. 3099 in Livingstone.

In the second they are charged with criminal trespass on Vasanti Yogesh Chikhalya’s PropertyIsrael Mushoke and Shah Jayendra Kumar Chianglal face a separate charge of criminal trespass during the same period.

The duo allegedly entered upon the property of Vasanti Yogesh Chikhalya at Stand No. 2056 in Livingstone unlawfully.

In the third count, the defendants are charged with criminal trespass with Intent to Commit an Offence Continuing their alleged criminal activities, Israel Mushoke and Shah Jayendra Kumar Chianglal are accused of another instance of criminal trespass during the aforementioned period.

This time, the alleged offence occurred on the property of Patel Mohabhai Umashabhai at Stand No. 4416 in Livingstone, with the intent to commit an offence.

And testifying before Livingstone Magistrate Kahoyi Mushabati was a watchman, Konino Chirwa, who told the court that he saw two people on the plot, and when approached, the duo told him that their boss, a Mr. Shall, had instructed them to put up pillars.

Chirwa said he heard some people talking at the plot, which is why he decided to go and check who was there.

When he reached there, Chirwa saw a white van driving out.

Chirwa said he only found two people, and they are not present in court.

And Livingstone businesswoman, Mrs. Vasanti Yogesh-Chikhalya of 27 Airport Road in Livingstone told the court that she had applied for the plot and met all the legal requirements.

Mrs. Yogesh-Chikhalya said her husband helped her ensure that all the formalities were completed.

Mrs. Yogesh-Chikhalya attended the council interviews after they advertised the plot, and it was offered to her.

Mrs. Yogesh-Chikhalya went further to obtain the title deed from the Ministry of Land (MoL) through Livingstone City Council.

Mrs. Yogesh-Chikhalya accused some people in the council of trespassing on her said plot.

Mrs. Yogesh-Chikhalya said her plot was located off Sichango Road.

Mrs. Yogesh-Chikhalya clarified that it was a tourism plot.

And Livingstone business man, Yogeshi Chikhalya of 27 Airport Road in Livingstone told the court that after being informed that some people had stopped his workers from clearing the plot, he became concerned and reported the matter to the police.

Chikhalya recollected police summoning everyone involved, and they visited the plot, where the beacons of pillars were seen.

The police informed them that no development should take place until the matter is resolved, as they would investigate the issue at hand.

Chikhalya said he cannot remember when the advertisement was done, as it had been a long time ago.

Trial continues.