By GRACE CHAILE LESOETSA
BARELY three months after former PF secretary-general Edward Mumbi died, family wrangles have erupted with the widow, Ms Pamela Sibanda, suing four of his children demanding possession of a farm in Makeni which was held under joint tenant.
Ms Sibanda, a lawyer, claims that Mr Mumbi died intestate (without having made a will) and was survived by her as surviving spouse and 17 children.
She stated that she is eligible to possess the property which was held under joint tenant with her husband because her marriage to Mr Mumbi was not dissolved as he died before the High Court could grant the decree absolute.
A decree absolute is the final decree of divorce which legally ends the marriage.
Ms Sibanda wants an order of the Lusaka High Court for eviction of Chilesha Mumbi, Chanda Mumbi, Chipasha Mumbi and Kangwa Mumbi who all have their own families, from subdivision A of subdivision B of subdivision C of farm no 396a in Makeni.
She seeks an order that the four children by refusing to vacate and give possession of the property to her are trespassing on the property.
The applicant wants the court to order the children to surrender the property as well as pay damages for trespass.
She also wants an order that the vehicles left behind by the husband and forming part of the estate be sold and proceeds equally distributed amongst all beneficiaries of the estate including her as surviving spouse.
Ms Sibanda wants the step children to pay damages for preventing her access and occupation of the property, loss of property, mental distress and anguish for threatening violence and malicious attempt to have her jailed for criminal trespassing on the property.
She seeks an injunction restraining the four from trespassing, occupying the property and also from using the motor vehicles or assets forming part of the estate of her husband.
Ms Sibanda stated that she was married to Mr Mumbi from September 9, 2000 to July 4, 2021 when he died.
She said that on June 4, last year, Mr Mumbi filed for divorce and the High Court delivered judgement on June 1, 2021. However, Mr Mumbi died on July 4, before the decree absolute could be granted.
“During my marriage to the deceased, the deceased and I built our matrimonial house at subdivision A of subdivision b of subdivision C of farm no. 396a in Makeni (the property). On the same property we built four small flats,” Ms Sibanda stated.
She added that she made direct financial contribution toward the building of the house and flats having always been in gainful employment as a legal practitioner.
Ms Sibanda stated that four children did not reside at the property with their father at the time of his death as they had their own homes and families.
She claims that her husband chased the respondents from the property and in 2018 they were barred from going to the farm.
But the respondents have now taken possession and are all residing at the farm and using the motor vehicles and other assets to the exclusion of other beneficiaries.
