Mulenga v Kanyika (Civil Cause 42 of 2017) [2018] MWHC 1194 (28 November 2018)

IN THE HI. GH COURT OF MALAWI MZUZU DISTRICT REGISTRTY - SITTING AT CHITIPA CJVlt DIVISION CIVIL APPEAL CAUSE NO. 42 OF 2017 ... (Being Civil Cause No. 520ot-2015 before FGM Chitipa/ BETWEEN MESTON MULENGA .................... :.,................................... APPELLANT -and- ANOCK KANYIKA ........................ ;..................................... RESPONDENT CORAM: THE HON. JUSTICE T. LIGOWE Appellant present/unrepresented Respondent present/ur:irepresented Mrs. F. Luwe Official l.nte~preter Mrs. R. Luhanga Court Reporter JUDGMENT I will give directions as to how this matter should proceed:- 1. I see no fault in the Magistrate .deciding that because the witnesses who testified before him, gave_ hearsay evidence because they were not present when the boundary was demarcated between the Appellant's father and the Respondent's brother, he was going to visit the place, ask each of the parties to indicate the boundary according to their knowledge and he would make· a new boundary between, four meters wide, two meters on each side. 2. The Appellant's appeal is that the Magistrate did not do what he said when he went to see the place . 3. The direction is tha t the District Lands Officer should visit the place with his team and do what the Magistrate was supposed to do. 4. No new evidence will be taken. Mr. Meston Mulenga will show his boundary and Mr. Anock Kanyika will also show his boundary. The Lands .. officer will take the line between as a boundary and take two meters from each side to make a path four meters wide. Certainly the boundary for Meston Mulenga will run from .the tree on the road side to the two blue gum trees his father planted near the anti-hill down at the dambo . Mr. Anock Kanyika's boundary will run- from the tree on the road side down to the two trees Mr. Mulenga's fathe(planted at the dambo. 5. If he can, the Lands officer should do this within 30 days from today. 6. Made in Open Court this 281h day of November 2018. 2