Court News

Cousins in court over property

AFTER failing to equitably share their relatives’ property, two cousins of Lusaka have dragged each other to court.
Evaness Mumba, 44, of Kuku township and Maambo Mumba, 44, of Kanyama township appeared in the Chawama Local Court before Senior Court Magistrates Sarah Nyendwa and Mubukwano Matakala.
Evaness sued Maambo for reconciliation over appointment of administrator. Evaness told the court that the owner of the property was her father who had died in 1998. Maambo was appointed administrator. She said her father left them a two bedroom house in Mtendere.
She said her father was a polygamist who had six children; three from each wife. She said of the six children, two have; one from each wife has since died.
“When he died, my siblings from the second wife remained in the house while we stayed with our mother in Kuku Township. We decided to sell the house. He told us that he had found a buyer who was willing to pay K70, 000,” she said.
Evaness said Maambo later informed them that the buyer had changed his mind. She said a few weeks later, Maambo called and told them that he had sold the house at K50, 000. She said he brought them a K10, 000 cash to share with her sibling from the first wife.
“We refused to get the money because he never consulted us. He claimed he bought another house for our siblings from Mtendere but we have not seen the papers to the house and he has never taken us to the same house he claims to have bought,” she said.
But Maambo told the court that Evaness and his siblings from the first wife were the ones who went to complain to him that they were not benefiting from their late father’s property.
“Her siblings who had remained in the house had leased out two rooms but they were not sharing the money with them so it was decided that they sell the house. Her siblings from Mtendere refused to put the house on sale and rightly so because they had nowhere to go. They only agreed to put the house on sale when we said we would buy them another house,” he said.
He said it was also agreed that the siblings would share the difference afterwards. He said after he sold the house for K55, 000, he bought another for K45, 000 then gave the K10, 000 to the other siblings and used the K5, 000 for land rates and other paper work.
When asked by the court if he thought it was fair to buy a house for one family and only give the other K10, 000, Maambo said he thought he was doing the right thing because the children from Mtendere are much younger than the ones from Kuku township.
Passing judgment, the court dismissed the claim and instead advised Evaness to sue for reconciliation over the house sale and ordered that Maambo brings all documentation to support the purchase of the house in question.

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