Africa-Press – Zambia. A Chinese company – ZDA Henan Gouji Development Company Limited – developed a housing estate called Silver Rest Gardens in Chongwe area. It then engaged someone to assist in procuring Certificate of Titles from the Ministry of Lands. The two agreed that the man will be paid ZMW 3,500 for each title successfully procured
The work involved applying for and obtaining ground rent bills, consent to assign as well as applying for ZRA property transfer tax and eventually obtaining title deeds for the customers buying the houses from the company.
After successfully completing some of the work, it appears the man had differences with the company and eventually his contract was terminated. He then sued the company in the Magistrate Court, claiming for his money for the work done as he had managed to get titles for the buyers of the properties.
Having heard both sides, the Court noted that the law does not allow any person other than a lawyer, to process titles on behalf of someone else. The Court relied on section 90 of the Land and Deeds Registry Act, which proscribes non lawyers from processing title deeds for people for a fee.
The Court consequently threw out the claim as it was founded on an illegal contract, which cannot be enforced under the law. The Court does not enforce illegal contracts.
He appealed to the High Court. The Judge, after looking at the evidence, ruled thus;
“Phrased differently, the provision allows persons to transact business under the Act for their own benefit, and not on behalf of another person, if they are not a Barrister or Solicitor,” the Judge stated.
“A contract will be illegal if it contravenes legislation or the common law,” the Judge added.
The Court noted that the Lands and Deeds Registry Act has spelt out how titles can be issued and does not allow non lawyers to charge fees in order to assist and procure titles for other people.
“The above provisions of the law is very clear. It proscribes any person, other than a Barrister or a Solicitor from transacting any business under the Act on behalf of another person,” the Court said.
It further explained that even if the man could claim to be an agent of the company, that argument would not suffice under the law dealing with title deeds.
Case citation- Mjumi James Banda v ZDA Henan Gouji Development Company Limited -2024/HP/046 and Judgment delivered last week on 23rd July, 2025.
Lecture Notes;
1. The case underscores the importance of following procedures when obtaining titles from the Ministry of Lands. Only owners of the property are allowed to process titles or lawyers on behalf of their clients. This is another safeguard to ensure there is integrity in the system of obtaining titles. But as the evidence showed in this case, a non lawyer or owner of the property was able to process titles at Lands!
2. This case emphasizes on the legal point that Courts do not enforce illegal contracts as it is against public policy.
3. That is why I oppose Bill 13 that intends to give powers to one individual – Chief Registrar – to cancel titles. The problem starts with the Ministry of Lands who do not adhere to the law when issuing titles. So, only the Courts should be the only ones to cancel titles.
For More News And Analysis About Zambia Follow Africa-Press
