Court News

Former MP sued over mortgaged property

CAROLINE KALOMBE, Lusaka
FORMER Mansa Member of Parliament Chrispine Musosha has been dragged to court for allegedly mortgaging an orphans’ farm for K2.8 million.

According to a statement of claim filed by Chisala Kapota and Mirriam Kapota, the executor of their late father Philimon Kapota’s estate was Chapa Chikamba.
The duo state that their father died testate and that they were entitled to equal shares of his property together with their siblings in accordance with his Will.
They say that Mr Chikamba obtained a letter of probate and transferred to himself a farm from their father’s name without allegedly consulting the orphans as beneficiaries.
The two claims that Mr Chikamba and Mr Musosha mortgaged the said property to Access Bank as security for a K2.8 million loan plus interest.
They claim that as beneficiaries, they did not authorise the loan, adding that the money was not used for the administration of their late father’s property.
The duo contend that they had written to Access Bank informing the bank that the property was still part of the estate of their late father and that they opposed the said mortgage as it was obtained without their knowledge or consent.
The duo contends that the transfer of title and mortgaging of the property was fraudulently done as the transfer of ownership was concealed.
They argue that particulars of the fraud are that Mr Chikamba and Mr Musosha obtained a loan without informing the beneficiaries of the late Mr Kapota’s property, and that the bank failed to do due diligence in accepting the property as collateral for the loan.
They want the court to declare that Mr Chikamba and Mr Musosha had no legal right to mortgage the farm thereby rendering the mortgage null and void.
The duo also wants the court to discharge the mortgage agreement, cancel the certificate of title granted to Mr Chikamba over the said property, rectification of the lands register and damages for mental torture and inconvenience.

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