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The Court of Appeal has imposed a financial penalty on Patriotic Front’s Chishimba Kambwili and two other respondents, mandating them to pay legal costs to the United Church of Zambia (UCZ) in a land dispute case from Chingola.
A panel of judges—Justin Chashi, Catherine Makungu, and Dominic Sichinga—overturned a High Court decision that had previously exempted Kambwili from paying costs.
The High Court’s judgment, delivered by Justice Charles Zulu, which had spared Kambwili from financial liability, was dismissed along with his cross-appeal.
Kambwili had argued that his case was a matter of public interest litigation, but the Court of Appeal rejected this claim.
“Kambwili cannot hide behind the veil of public interest to avoid the responsibility of costs,” the court stated.
The appellate court clarified that the High Court’s decision to let each party bear its own costs was flawed, as the successful party, UCZ Registered Trustees, should have been awarded costs.
The court emphasized that the High Court’s ruling of “no order as to costs” was unjustified.
Additionally, the Commissioner of Lands and Chingola Municipal Council, also respondents in the case, were ordered to cover the costs incurred by UCZ.
All respondents must settle the legal expenses, either through mutual agreement or a tax assessment if necessary.
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The dispute centers around a plot of land in Chingola, originally owned by Kambwili’s late uncle, Robson Chiti Chishimba Lumbwe, who had applied for an extension to his property in the 1980s.
Following Lumbwe’s death in 1993, the land, which houses St. Paul’s Congregation in the Musenga area, became a contentious issue between UCZ and Kambwili.
Kambwili obtained a Certificate of Title for the land in 2013, but UCZ contested this, asserting that the land rightfully belonged to them.
The Chief Registrar of Lands eventually canceled Kambwili’s title, leading to a protracted legal battle.
The High Court initially ruled in favor of UCZ but controversially made no order on costs, a decision now rectified by the Court of Appeal.
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