Court hands Tichitenje Estate to Kaphwiti Banda family in landmark land ruling

By Michael Martin//MALAWI

The High Court of Malawi sitting in Lilongwe has decisively ruled that ownership of Tichitenje Farm in Mchinji District lies with the family of the late politician Elias Zakeyu Kaphwiti Banda, ending a long running legal battle that has spanned close to 20 years.

The ruling, delivered on Tuesday 30th December 2025 by High Court Judge Simeon Mdeza, nullifies claims by former official hostess Cecilia Tamanda Kadzamira and confirms the Banda estate as the lawful holder of the 583.771-acre property.

At the heart of the dispute were rival title deeds, with each party asserting exclusive rights over the vast agricultural estate popularly known as Tichitenje.

In his judgment, Justice Mdeza emphasized that the Banda family’s lease was registered earlier than the claimant’s and has never been legally cancelled, surrendered, or forfeited.

The court held that under Section 8 of the Deeds Registration Act, the earlier registration gives the Banda estate legal priority over all subsequent titles.

The judge found that Kadzamira’s claim was undermined by serious legal shortcomings, including failure to comply with mandatory provisions of the Deeds Registration Act.

He further ruled that the claimant’s title was affected by the nemo dat quod non habet principle, which prevents a party from acquiring valid ownership from someone who had no lawful title to pass on.

According to the court, these defects were fundamental and struck at the very foundation of the claimant’s alleged right to exclusive possession of the land.

Justice Mdeza made it clear that such defects could not be cured by the passage of time or by assumptions that official documents are automatically valid.

As a result, the court dismissed Kadzamira’s claim in trespass, finding that it could not stand in the absence of a valid title.

Judgment was entered in favour of the 2nd and 3rd defendants, Gabon Kaphwiti Banda and his mother, who represent the estate of the late Kaphwiti Banda.

The court formally declared that the Banda family holds the superior and enforceable title to Tichitenje Estate.

Turning to Sub Traditional Authority Kawere, cited as the 1st defendant, the judge noted that his involvement in the case was of a different nature.

The court observed that the issues involving the traditional authority related to alleged encroachment on surrounding customary land, not ownership of the private estate itself.

Evidence before the court revealed uncertainty over the exact boundary lines separating the private leasehold land from neighbouring customary land.

To resolve this uncertainty, the court directed the Ministry responsible for lands to conduct a comprehensive survey of the area.

The survey will establish and clearly demarcate boundaries between the private estate and customary land under Traditional Authority Kawere.

Justice Mdeza also lifted an interlocutory injunction that had earlier restrained activities on the land, stating that it automatically fell away with the final judgment.

The Ministry of Lands, which had been joined to the proceedings as a third party mainly for indemnity purposes, was not penalized with costs.

Although the court noted that the ministry’s legal submissions offered limited assistance, it ruled that it would be unfair to impose any adverse cost order against it.

Instead, the court awarded costs of the proceedings to the 1st, 2nd, and 3rd defendants, to be paid jointly and severally by the claimant.

Regarding the 4th defendant, Yeriko Mateyu, the court noted that he neither filed a defence nor took part in the proceedings.

In view of that non participation and the manner in which the case was concluded, the court made no order for or against the 4th defendant.

The decision brings closure to one of Malawi’s most protracted land disputes and reinforces the legal principle that priority in land registration is decisive.

The judgment was delivered in open court on December 30, 2025, in Lilongwe, marking a significant moment in the country’s land jurisprudence.