State can’t cancel Mwanawasa House title - lawyers

THE State has no legal backing to cancel the certificate of title for the late President Levy Mwanawasa’s retirement property, which was legally obtained and transferred to the current owner, University of Lusaka Limited, court documents have revealed.

Ms Esther Chipasi, contends that the certificate of title for the Mwanawasa property was issued to her with the blessings of the State through the Attorney General.

“That in the year 2019, the second intended respondent (Chipasi) engaged all the parties, to the transaction and it was resolved that the Ministry of Lands should proceed and issue the certificate of title relating to the property in dispute to Esther Chipasi and a letter was written to that effect by the Attorney General advising the Commissioner of Lands to proceed and issue the certificate of title,” she stated.

This is according to an affidavit in support of summons for an order for Chipasi and Mustapha Kwabena Osuman, to be joined to the proceedings having being the ones who sold the property to University of Lusaka Limited (UNILUS).

The two intended respondents through their lawyers, Paul Norah Advocates, have asked the Lusaka High Court to dismiss the application by the executor of the Mwanawasa property, Constantine Haangala Chimuka, who is seeking an amendment to the lease.

Mr 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”.

Ms Chipasi, however, contended that in 2017, she entered into a contract of sale with Ms Mwanawasa, being the lessee under lease of Certificate of Title no.69190 for the sale of lot no.24802/M, Chongwe.

She stated that after title for the property was obtained, Ms Mwanawasa asked to continue occupying the premises until a buyer was found or until she was able to buy back the property.

She added that it was agreed that the Mwanawasa family would pay rentals in the sum of K3, 500.00 for two units.

Ms Chipasi further said that the former First Lady in 2021, proposed again to repurchase the property, but such a sale never occurred.

“That the sale of the property back to the vendor (Maureen Mwanawasa), was not executed and subsequently we sold the property to University of Lusaka Limited,” Ms Chipasi said.

She contended that the Mwanawasa family had refused to leave the premises so that vacant possession could be delivered by them to the current title holders (UNILUS).