By 
Late President Levy Mwanawasa’s widow, Maureen, has filed an application in the Lusaka High Court asking it to stay proceedings pending payment of costs in a matter she is sued for allegedly preventing vacant possession of the Presidential retirement house.
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 be 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 Kakubo Mwanawasa, no longer has 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.
But the former First Lady,who doubes co-executor of her husband’s estate, has filed an application to stop the proceedings of the matter until the petitioners pay costs awarded to her in a discontinued before the Lusaka Magistrate Court under cause no.2023/CRMP/MISX/176 on March 22,2023.
She alleged that the petitioners had refused to pay the costs pegged at K25,000, therefore,the matter was now proceeding to taxation.
She contended that the duo had commenced an action in the Lusaka Magistrate Court demanding vacant possession of the property no.L/2480/M chongwe.
“That I challenged the first and second petitioners in that matter and raised Preliminary Issues which were later heard by court on March 31,2023 and the ruling of the same was reserved to the April 18,2023,”
“That before the honourable court could render its ruling on the matters raised ,the first and second petituoner filed a notice of discontinuance of the matter on the same day of March 31,2023 but did not even have the courtesy to serve me the same,” she said.
Maureen through her lawyers applied to be awarded cost and a ruling was delivered in her favour on May 17, 2023 and and later embodied in an order dated May 23, 2023 in which costs were awarded to her.
“That I am surprised that the petitioners have now filed a fresh action in this court seeking among other reliefs that I am not a beneficial or legal owner of the same property,”
“That this is a suitable case in which the court should stay the proceedings herein until costs are paid in the discontinued matter under cause no 2023/CRMP/MISC/176,” she submitted.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments