Developing Story: Attorney General authorised change of ownership to late Mwanawasa’s retirement house —Court told

The two purchasers of the late President Levy Mwanawasa’s retirement house have submitted to court that the office of the Attorney General authorised the change of ownership, saying the transaction was legal.

Esther Chipasi and Mustapha Kwabena Osuman have applied to be joined to the matter in which an executor and trustee of the Mwanawasa estate
sued the Attorney General, seeking an amendment to the lease.

Read more: Govt asks court to cancel certificate of title issued to University of Lusaka over late President Mwanawasa’s retirement house

They contended that there was sufficient interest for them to be joined to the case because they had grounds to demonstrate to the court that the Mwanawasa family and the executor, Constantine Chimuka no longer had interest in the property which is subject of this matter.

In this matter, Chimuka is seeking an order directing the amendment of the lease in respect of property number L/24802/M located in Chongwe by the deletion of “ Maureen ( widow) on her behalf and on behalf and also in trust of the children Chipokota Mayamba, Matolo Levy, Ntembe Tylanda and Lubona Perise Chilupanama ” and the substitution therefore , of “executors and trustees of the estate “ or in the alternative “the deceased”.

The Attorney General, Mulilo Kabesha, had asked the court to cancel the certificate of title of late President’s retirement property issued to University of Lusaka Limited on account that it was still State property.

Kabesha, who is the chief legal advisor to government, submitted to the Lusaka High Court that the certificate of title no.CT-144302 for the said property was erroneously issued to the widow, Maureen Kakubo Mwanawasa, instead of being issued to the co-executors of the estate.

In a new development,the State and the executor entered into a consent to cancel the lease.

The consent order was yet to be endorsed by the Judge.

But Chipasi and Osuman in their application for joinder to the matter, argued that the State was aware of the change of ownership between Maureen and them as purchasers.

“That in the year 2019, the second intended respondent (Chipasi) engaged all the parties to the transaction and it was resolved that the Ministry of Lands should proceed and issue the certificate of title relating to the property in dispute to Esther Chipasi and a letter was written to that effect by the Attorney General advising the Commissioner of lands to proceed and issue the certificate of title,” they submitted.

Chipasi said that after the title was obtained, the former first lady asked that the occupy premises until a bit was found and amount of K3,500.00 as rentals for two units was agreed.

She said that after the first lady failed to buy back the property in 2021, the intended respondents sold it to the learning institution.

The intended respondents submitted that the action commenced by Chimuka, was irregular and ought to be dismissed.

“We submit that the applicant’s originating process is incompetent and seriously irregular but also legally untenable. According to section 11 and 12 of the Lands and Deeds Registry Act, chapter 185 of the laws of Zambia, it is required that an application to rectify an error or omission be made first before the Registrar of Lands before proceeding to court,” they stated.

Chipasi submitted that Chimuka had not made such to the Registrar of Lands except the evidence of a demand notice to the Attorney General.

“It is our submission that time within which to register the intended amendment elapsed sometime in 2012. According to section 5 of the Lands and Deeds Registry Act, chapter 185 of the laws of Zambia, document must be registered within 30 days,”

“We wish to submit that the benefits of a former President who dies in or after office do not become part of the estate, this is so because the law already provide to whom such benefits should devolve to. We wish to refer to section 6 the benefits of former Presidents Act, Chapter 15 of the laws of Zambia,” they argued.

Chipasi stated that the former first lady had refused to leave the premises of the property although a special condition of the said contract of sale, vacant possession was to be granted to the purchaser upon completion of the last payment.

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