Take Customary Land Disputes To Local Courts

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By Dickson Jere
A customary land dispute ensued in Chief Bunda’s area in which a group of developers sued the Chief. After failing to resolve the matter amicably, which also involved boundaries, the developers or occupiers of the land sued the Chief in the High Court.
However, before trial could start, the Chief raised an objection, arguing that he cannot be sued in the High Court over matters concerning customary land and traditional matters. Simply, the right forum for traditional land disputes is the Local Court.
On the other hand, the villagers and those occupying the land argued that the High Court was the right forum to determine the matter because they have developed their land and the value is far too high than what the Local Court can handle.
After hearing both sides, the High Court Judge opined that the Local Court Act usurped the powers of the High Court from determining issues involving traditional and customary matters.
“The matter before me was therefore wrongly commenced in the High Court because the High Court has no jurisdiction to determine customary land issues as a Court of first instance,” the Judge observed.
“For this reason this matter is dismissed for want of jurisdiction,” the Judge said, adding that the Local Court Act has limited the High Court powers in matters of customary law.
The Court explained that the High Court can only hear matters involving customary law if it was an appeal that has come from the Local Court through the Subordinate Courts.
Case citation – Piano Museba v Chief Bunda and Another – 2023/HP/259.
Lecture Notes:
1. The law in Zambia is that matters of custom and traditions – including customary land should be started at the Local Court and not High Court.
2. Even though this is the law, the situation on the ground has tremendously changed. We have people building mansions and developing farms on traditional land with high value but they are required to go to Local Court in case of disputes. Maybe time is now to catch up with the developments.
3. My advice has always been that do not develop customary land with high value investment without obtaining necessary titles by way of converting the land from customary to state land.

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