By 
The battle over late President Levy Mwanawasa retirement property has taken a new twist, with widow, Maureen, and the Attorney General, petitioned in the Lusaka High Court.
According to a petition filed in the Lusaka High Court on Friday, Esther Chipasi and Ghanaian, Mustapha Kwabena Osuman, want the paramilitary personal deployed on the property removed so vacant possession can be executed and property handed over to Lusaka University Limited (UNILUS).
Read more: Executor discontinues legal battle over late President Mwanawasa’s retirement house
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 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.
The petitioners stated 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.
They stated that the former first lady even presented a consent signed by the children who were beneficiaries of the property agreeing to its sale.
“On January 14, 2019, the chief registrar at the ministry of lands and Natural Resources wrote a letter advising that the issuance of the certificate of title relating to the property was suspended before approval and signing of the same. It was advised by Chief Registrar that guidance should first be sought from the first respondent regarding the matter,”
“On the premises above,the first petitioner engaged all the parties to the transaction and it was resolved that the ministry of lands could proceed and issue the certificate of title relating to the property in dispute in the name of the same first petitioner and a letter was written to that effect by the first respondent,” they stated.
Chipasi and Osuman alleged that before negotiations could be concluded with the former first lady so that the property can be fully handed over to UNILUS, the State deployed paramilitaries and even proceeded to place a caveat on April 25,2023.
The petitioners stated that they have not had access to the property because it was surrounded by military personnel.
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