MWANAWASA ESTATE EXECUTOR SUES STATE

THE executor of the estate of late President Levy Mwanawasa has sued the State over the failure to amend the lease on the retirement property located in Palabana, Chongwe.

The executor and trustee of the estate of Mr Mwanawasa, Constantine Haangala Chimuka, is seeking the High Court’s order directing the amendment of the lease in respect of property number L/24802/M by the deletion of “Mwanawasa Kakubo 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 “Constantine Chimuka and widow, executors and trustees of the estate “or in the alternative “the late President.”

This is according to originating summons filed in the Lusaka High Court by the executor’s advocates, Messrs, Ellis & Co.

In an affidavit in support of originating summons, Mr Chimuka stated that he was one of the executors of the late President’s estate alongside Ms Maureen (widow).

He said that the late President who died on August 19, 2008 while on duty left a Will.

He stated that on September 8, 2009, he and Ms Maureen Mwanawasa were granted the probate of the said Will by the High Court.

Mr Chimuka explained that government in 2012 allocated the property in question to the estate of the testator pursuant to the benefits of former Presidents Act, Chapter 15 of the laws of Zambia.

He added that the property was assigned after his death and therefore, had not been disposed of by the Will.

“That on or about 30th July, 2012, the State executed a lease in favour of the widow “on her behalf and also in trust for” some named children of the deceased for a term of 99 years from 1st June, 2012,”

“That from the time that the lease was executed in 2012, the government of Zambia has been constructing structures on the subject property in the fulfilment of its obligations to the estate of the deceased under the benefits Act,” he stated.

The executor stated that he wrote demand letters dated March 23 and April 19, 2023, to the Attorney General in relation to the matter.

“That notwithstanding the above, the State has failed, refused or neglected to amend the lease as required by law and to execute one in favour of the widow and myself as executors and trustees, or in the alternative, in favour of the deceased,” he submitted.