The High Court of Malawi in Lilongwe has stopped the eviction of former official hostess Cecilia Tamanda Kadzamira from Tichitenji Farm, giving her more time to fight her case and seek justice through the courts. In an order dated 6 January 2026, High Court Judge Simeon Mdeza suspended an earlier judgment made on 30 December 2025 which had allowed her immediate eviction. The court ordered that Kadzamira should not be removed from the land until her appeal is fully heard and decided.
This decision means the court has agreed that there are serious questions in the case that need to be looked at again before anything final is done. The earlier judgment had declared the Kaphwiti Banda family as the lawful owners of Tichitenji Farm and cleared the way for Kadzamira’s eviction. However, Kadzamira quickly went back to court, arguing that the decision did not fully consider important facts, especially the history of the land and how ownership changed during the one-party era.
After studying her application, sworn statement and legal arguments, the court agreed that enforcing the eviction before hearing the appeal could cause serious and permanent harm. “The enforcement of the judgment of this Court dated 30 December 2025 is suspended, and the defendants are restrained from evicting the claimant from Tichitenji Farm until the appeal is completed,” reads part of the court order. Legal experts say the stay shows the court accepts that the earlier ruling may have relied too much on paper registration and not enough on how the land was actually taken over and used during the time of former president Dr Hastings Kamuzu Banda.
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In the earlier ruling, Judge Mdeza had said the Kaphwiti Banda family’s lease was registered first and had never been cancelled, making it stronger under the Deeds Registration Act. The court also dismissed Kadzamira’s claims of trespass. However, in her appeal, Kadzamira argues that land matters from the one-party era cannot be decided by registration dates alone.
She says the land was later taken over by the State and given to her by Kamuzu Banda, something she believes the court must carefully examine. Lawyers say this stay allows the court to properly look at whether those historical actions were legal and what they mean today. One of the lawyers for the Kaphwiti Banda family, Wapona Kita, said the stay was grantedex parte, meaning the court heard only Kadzamira’s side.
“We do not yet know the reasons. We will study the court file and decide on the next steps,” he said. Legal commentators explain that such temporary orders are common in eviction cases, especially where eviction would cause irreversible damage before an appeal is heard.
They stress that the stay does not mean Kadzamira has won, but only that the court wants to avoid injustice while the appeal is ongoing. The land dispute dates back to 1968, when records show the Kaphwiti Banda family acquired Tichitenji Farm in Traditional Authority Kawere, Mchinji.
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