Paul Chitengi v Attorney General
2017/HP/1552 - Torts
– Trespass to Land
FACTS
The Ministry of Lands offered a farm to the
plaintiff’s late father, Honourable Justice Peter Chitengi. He later died and
the plaintiff acquired interest in the land which he later acquired ownership
of. The plaintiff began farming activities on the land until Zambia Police
officers without title invaded his farm and attempted to evict him. The
defendants instructed the police officers to enter his farm without permission
and destroyed his fence, cut down seedlings and crops and dug trenches. The
plaintiff suffered mental anguish, loss and was deprived of his expected
profits from his investment. He sued for damages.
ISSUES
Whether the defendants trespassed on the plaintiff’s
land
Whether the plaintiff is entitled to the reliefs
sought
HELD
The certificate of title proved that the plaintiff is
the owner of his farm and has superior claim to it. Thus, the defendants are
guilty of trespass as the plaintiff did not invite the defendants on his land.
They neither had rights to excavate his crops from the fields nor to raze his
perimeter fence. Their trespass is actionable per se. where a claim for general,
special or exemplary damages is made, it must be proved at trial by evidence
that the loss incurred was as a direct result of the defendant’s conduct or
probable consequence of the defendant’s actions. The plaintiff in this case is
awarded general, exemplary damages and damages for mental anguish and distress