Executor in late ex-President Mwanawasa’s property demands amendment to lease

One of the executors of the estate of late President Levy Mwanawasa has filed a lawsuit demanding the amendment to the lease on the retirement house in Palabana, Chongwe District.

Constantine Haangala Chimuka, the executor and trustee of the estate has accused government of refusing or neglecting to amend the lease as required by law and to execute one in favour of the widow, Maureen Mwanawasa and himself as executors and trustees, or in the alternative, in favour of the deceased.

According to originating summons filed in the Lusaka High Court by citing the Attorney General as respondent, the Messrs, Ellis & Co, Chimuka said that on September 8, 2009, he and Maureen were granted the probate of the said Will by the High Court.

This was a year after the death of Mwanawasa on August 19, 2008.

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.

He said that this prompted him to write demand letters on March 23 and April 19, 2023, concerning the amendment of the lease.

Chimuka is thus seeking an order directing the amendment of the lease in respect of property number L/24802/M by the deletion of “ Maureen 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”.

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