University of Lusaka asks to be joined in suit claiming ownership of late President Mwanawasa’s retirement house

The University of Lusaka Limited (UNILUS) has submitted to Court that it was the legal owner of the late President Levy Mwanawasa’s retirement property in Palabana, Chongwe District.

This is in an application for joinder to a matter in which an executor of the estate of Mr Mwanawasa, filed a lawsuit in the Lusaka High Court, demanding the amendment to the lease.

Constantine Haangala Chimuka, the executor and trustee of the estate accused government of refusing or neglecting to amend the lease.

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

However, UNILUS through its lawyers, Sil and Kay Advocates, has applied to be joined to the proceedings as a second respondent stating that it was the legal owner of the property.

“The lands and deeds registry print out exhibited as KK2 in the affidavit in support shows that the intended second respondent is the current legal owner of property. The certificate of title no.144302 as exhibited in the affidavit in support shows that the intended second respondent is a tenant or lessee for the unexpired residue term of 99 years from the 1st day of May,2012,”

“The determination of this matter thus affects the intended second respondent who is the legal owner of the property,” it submitted.

UNILUS pleaded it would suffer grave injustice if not joined on the matter.

“In this premises,it is our humble submission that this is a right and proper case for the court to exercise its power to add the intended second respondent to the proceedings pursuant to order 14 rule 5(1) of the high court Rules as read together with order 15 rule 6(2) (b)(I)(ii) of the rules of the supreme Court 1999 edition,” it prayed.

In the originating summons, Chimuka stated that government in 2012 allocated the property number L/24802/M to the estate of the testator pursuant to the benefits of former Presidents Act, Chapter 15 of the laws of Zambia.

He added that on July 30, 2012, government executed a lease in favour of the widow “on her behalf and also in trust for” some named children of Mwanwasa for a term of 99 years from June 1, 2012, and begun constructing structures on the subject property in the fulfilment of its obligations to the estate of the deceased under the benefits Act.

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