The issue of customary land tenure and customary land rights is an important issue that has serious implications on customary communities that occupy land under customary tenure. Considering the raising demand of customary land by both local and international investors the courts play an important role in protecting the interests and rights of customary communities and ensuring that such communities are not exploited in the alienation process of customary land and in the procedures of converting from customary tenure to statutory where it is necessary and where the benefits of converting to statutory tenure outweigh the benefits of customary tenure. For this reason, it is imperative for the Courts to critically analyse customary issues in their entirety whenever they are the subject of adjudication. While the decision of the Court to affirm the customary land rights of the displaced community is a landmark and commendable precedent, the court could have done more in its analysis of the issues and provided the much need guidance for the development of customary law in Zambia.
"Molosoni Chipabwamba and 12 Other Displaced Village Owners v Yssel Enterprises Limited Appeal No.104/2020 (ZMCA) 2022,"
SAIPAR Case Review: Vol. 5:
3, Article 17.
Available at: https://scholarship.law.cornell.edu/scr/vol5/iss3/17