By PERPETUAL SICHIKWENKWE-

MAHOGANY Bush lodge owner, Jimmy Belemu has asked the Lusaka High Court to set aside an alleged fraudulent consent judgment to possess property at the lodge.
Mr Belemu said the purported consent judgment between him and another business executive Reeves Malambo was a fraud and accused Mr Malambo of allegedly forging his signature on the consent judgment which was later signed by deputy High Court registrar.
The consent judgment which was purported to have been signed by Mr Belemu and Malambo stated that Mr Belemu had agreed to vacate subdivision number 4 of subdivision of farm 350a Choma to Mr Malambo or in default grab the property from Mr Belemu.
According to the affidavit in support of ex-parte summons for an order to set aside the consent settlement order, Mr Belemu stated that he was the owner of property F/350a/D/4/A/11 which houses Mahogany Bush lodge.
Mr Belemu said Mr Malambo commenced an action against him and the lodge but the originating process was never served or communicated to him.
On February 11, 2015, Mr Malambo allegedly filed a consent settlement order which he purported to have been executed by Mr Belemu.
A perusal of the consent settlement order showed that Mr Belemu never executed it but his signature was fraudulently attached to the order in an attempt to make it appear as one document in order to deprive him of his property.
Mr Belemu further said that the purported passport number indicated on page two next to his signature was also incorrect.
He said Mahogany Bush Lodge was a party of the proceedings as second defendant under cause number 2015/HP/062 but the consent settlement order bears no signature of the lodge as caveat of the property.
As a result the consent settlement order obtained allegedly by fraud has resulted in the issuance of a writ of possession and executed on his property.
He said that is for this reason that he filed an application to stay the consent order as well as stay the writ of possession pending fresh action to set aside the order.
Mr Belemu further alleged that during the eviction processes, all his equipment and fittings were dumped outside the building and rendered useless and that he also lost some money.
He was asking the court to set aside the consent settlement order dated February 12, 2015 on the basis that it was executed and obtained fraudulently and irregularly by collusion and was thus null and void.