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The Executor and Trustee executor of late President Levy Mwanawasa estate have discontinued the matter where he sued the State, seeking an order to amend the lease of the retirement property.
This is according to a notice filed in the Lusaka High Court on Thursday.
“Take notice that the applicant hereby discontinues this matter,” read the notice.
In this matter, Constantine Chimuka sought
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”.
He stated that on July 30, 2012 government executed a lease on the property in favour of the widow and also in trust of some named children of the deceased for a term of 99 years from June 2012.
Chimuka said from the time the lease was executed in 2012, the government has been constructing structures on the subject property in the fulfilment of its obligations to the estate of the deceased under the Benefits Act but had refused to amend the lease.
According to court documents, the property was now owned by University of Lusaka Limited (UNILUS).
Esther Chipasi and Mustapha Kwabena Osuman, who had applied to be joined to the matter told the Court that they had engaged the office of the Attorney General before purchasing the house from the former First Lady Maureen.
Chipasi said the Attorney General in 2019, authorized the change of ownership into their names.
Chipasi stated in 2021, the property was sold to UNILUS after Maureen failed to buy it back.
She 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.
But Attorney General Mulilo Kabesha submitted to court that the certificate of title no.CT_144302 for the said property was erroneously issued to the widow, instead of being issued to the co-executors of the estate.
Kabesha prayed the Court to cancel the certificate of title issued to UNILUS.
He stated that government had constructed three housing units and was currently completing the main house before it could be handed over to the family.
“The late President had passed away 4 years ago prior to the assignment. In terms of the intestate succession Act, chapter 59 of the laws of Zambia the property did form part of his and fell to be administered in accordance with the law on intestacy,
“That title was erroneously issued to Mrs Maureen Mwanawasa instead of being issued to the co-executors of the estate. Currently,the certificate of title was transferred to UNILUS on February 27,2023,” he submitted.
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