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An executor of late President Levy Patrick Mwanawasa estate has applied to join proceedings in a matter in which the widow, Maureen Mwanawasa, and the Attorney General, are sued for allegedly preventing the handover of the retirement property to University of Lusaka.
Constantine Chimuka Hangala, the appointed executor and trustee of the Mwanawasa estate, filed summons for joinder to the matter.
In this matter, Esther Chipasi and Ghanaian, Mustapha Kwabena Osuman, petitioned the Lusaka High Court seeking an order that the paramilitary personal deployed on the property removed so vacant possession can be executed and property handed over to Lusaka University Limited (UNILUS)
The duo are seeking a declaration that the Attorney General’s action to deploy military personnel on the property in order to prevent UNILUS from enjoying quiet possession of the property was a violation of their right to protection from deprivation of property on the part of UNILUS and also affected the petitioners.
They also want a declaration that Maureen no longer have both beneficial and legal interest in property and, therefore, the caveat that was placed by the Attorney General has no legal backing.
The Attorney General and Maureen are cited as first and second respondents.
Chipasi and Osuman claim damages for the breach of their right and loss of anonymity.
They also seek an order that the State should indemnify them for legal fees incurred to defend this matter.
They claim that in 2017, Chipasi entered into a contract of sale with Maureen being the lessee under lease of certificate of title no.69190 for sale of lot 24802/M, in Chongwe.
They said that according to the contract of sale executed by the parties, vacant possession was to be granted to the purchaser upon completion of the last payment.
The petitioners alleged that the former first lady had refused to vacate the premises.
In a latest development on the case, Hangala who had initially commenced an action in the High Court seeking an amendment to the lease before he discontinued the matter,wants to be joined to the matter.
“As executor, section 3 of the Wills and Administration of Testate Estate Act Chapter 60 of the laws of Zambia gives him power and authority to administer the estate of the late president and also makes him the estates’s representative.
“Additionally,the property in question is the residue of estate because it came into existence only after the passing of the late president . In his will,the late President provided instructions on how to handle the residue,” he submitted.
The applicant submitted that he be joined to the matter to ensure all issues surrounding the house are dealt with conclusively.
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