The State says the retirement property of late third Republican President, Levy Mwanawasa, cannot be sold.
This is a matter in which UNILUS sued the State in the Lusaka High Court, demanding possession of late President Mwanawasa retirement house, which it purchased at more than US$2 million.
The applicant described the State and the occupants of the two units at Lot no.24802/M situated in Chongwe District, Lusaka as squatters.
The learning institution cited the Attorney General and other unknown persons as respondents in the matter.
According to originating summons and affidavit in support of originating summons for summary possession, UNILUS registrar ,Kawanga Kapalayi submitted that around February 2023, the institution purchased the property in question from two money lenders, Esther Chipasi and Mustapha Kwabena Osuman at the value of $2,199,000.
He said all necessary legal requirements was adhered to with the Commissioner of lands having issued a certificate of title relating to the property.
Kapalayi however stated that the company had failed to take possession of the property as new owners because the respondents had refused to vacate the premises.
Attorney General ,Mulilo Kabesha, has however objected to UNILUS’ claim for summary possession of the property saying it was still in the hands of the State who are yet to complete construction of the house.
The attorney general said this in an affidavit in opposition to affidavit in support of originating summons for summary possession submitted to the court on Friday.
Kabesha submitted the property is subject of the benefits of the former Presidents Act, chapter 15 of the Laws of Zambia and would put the applicant to strict proof of all material evidence in relation to the transaction.
“Therefore, this property cannot be dealt with in any manner whatsoever until after the State has completed the house and has officially handed over to the family of the late third President.
“In conclusion, we submit that the based on the authorities cited, the certificate of title was erroneously issued in the name of Mrs Maureen Mwanawasa, wife of the late third President. We therefore pray that the court dismisses this matter,” he submitted.
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