By Dickson Jere
In a landmark decision, the High Court of Zambia has ruled that a non-lawyer cannot process titles on behalf of someone else for a fee. The judgment was delivered on July 23, 2025, in the case of Mjumi James Banda v ZDA Henan Gouji Development Company Limited.
The case involved a Chinese company, ZDA Henan Gouji Development Company Limited, which developed a housing estate called Silver Rest Gardens in Chongwe. The company engaged a man to assist in procuring Certificate of Titles from the Ministry of Lands for its clients. However, the man's contract was terminated, and he sued the company for unpaid fees.
The Court's Decision
The High Court held that the contract between the man and the company was illegal, as it contravened Section 90 of the Land and Deeds Registry Act. The Act only allows lawyers to transact business under the Act on behalf of another person.
The Court emphasized that the Lands and Deeds Registry Act has spelt out how titles can be issued and does not permit non-lawyers to charge fees to assist and procure titles for other people.
Implications
This ruling has significant implications for the property industry in Zambia. It underscores the importance of following procedures when obtaining titles from the Ministry of Lands and highlights that Courts do not enforce illegal contracts.
Key Takeaways
- Only Lawyers or Property Owners Can Process Titles: The ruling reiterates that only lawyers or property owners can process titles.
- Non-Lawyers Cannot Charge Fees: Non-lawyers are not permitted to charge fees for assisting in procuring titles.
- Courts Do Not Enforce Illegal Contracts: The judgment emphasizes that Courts will not enforce contracts that contravene the law.
