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Kabwe High Court Grants Bail To Resident
Facing Contempt Charges
By Madube Pasi Siyauya
The Kabwe High Court has granted bail pending review of committal to a
Mukonchi farmer who was imprisoned for contempt of court.
Jack Museshyo was granted bail on July 13, 2006 after the Legal Resources
Foundation lawyer Mweetwa Siachiwena made an application on his behalf.
According to the affidavit in support of a motion filed in the Kabwe High
Court, Museshyo said in November 2003, Samson Shamushinka filed an ex-parte
application in court to evict him from the eastern portion of Farm 6476 in
Mukonchi which was subdivided into two equal parts of 22.6 hectares
following a judgment of 1992 after they had a land wrangle.
Museshyo said the matter never came up for inter-partes hearing. In November
2004 Shamushinka obtained an order of eviction against Museshyo from his
side of the farm. After the judgment was passed, Museshyo moved from
Shamushinka's land to his on the western part of the farm in December 2004.
Museshyo said Shamushinka left his land in September 1994 and returned there
in May 2006.
He said when Shamushinka returned to his land, Museshyo received a call out
from Kabwe Central Police requesting him to report there on June 5.
When he reported, Shamushinka said that he was unlawfully occupying a
portion of his land which he claims is 24 hectares against the earlier
judgment of them sharing 22.6 hectares each.
Museshyo said he was surprised that he was served with a warrant of
committal for contempt of court accompanied with an order of committal dated
September 2, 2005.
He said he was never summoned to appear before any court to answer to the
contempt charges. But he was immediately detained at Mpima Remand Prison.
Museshyo told the court that he intended to apply for a review of the order
for committal as Shamushinka's claims are unfounded. He said the procedure
used in his committal was irregular and the order does not specify the
period of his detention. Kabwe High Court Judge R. E. M. Mwape on July 13
2006, granted him bail in his own recognizance in the sum of K500, 000 with
a surety with fixed abode. The bail was granted on condition that Museshyo
does not interfere with the quiet enjoyment of Shamushinka on the said land.
Hearing is coming up in September.
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