Malawi Supreme Court rules in favor of Kaphwiti Banda family in land dispute

The Malawi Supreme Court of Appeal has dismissed an appeal by Cecilia Tamanda Kadzamira regarding a long-standing land dispute in Mchinji. A seven-judge panel, led by Chief Justice Rizine Mzikamanda, unanimously rejected the appeal, describing it as “devoid of merit.”

The ruling upholds a previous High Court decision confirming that the Tichitenji Estate, spanning approximately 583 acres in T/A Kawere, belongs to the family of the late Elias Zakeyu Kaphwiti Banda. The court found that the lease registered to Kaphwiti Banda held priority under the Deeds Registration Act, as it predated Kadzamira’s claims.

Kadzamira, who served as the hostess during the Kamuzu Banda era, had argued the land was a gift from former President Hastings Kamuzu Banda in 1972. However, the court determined her title was defective and invalid, noting that the original lease had never been lawfully cancelled, surrendered, or forfeited. The court also rejected arguments regarding limitation periods or res judicata, and awarded costs against Kadzamira.