By GRACE CHAILE LESOETSA
LATE politician Edward Mumbi’s children have submitted to the Lusaka High Court that purported widow Pamela Sibanda , was never married to their father but the two cohabited, thus not legally entitled to property in Makeni.
This is a matter in which Ms Sibanda has sued four of the 17 children in court claiming 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.
Ms Sibanda wants an order of the Lusaka High Court for eviction of Chileshe 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.
But in an affidavit in opposition to affidavit in support of originating summons and summons for an interim injunction, Chanda stated that the purported marriage between their father and Ms Sibanda was illegal.
He stated that at the time Ms Sibanda married the late politician in 2000, he was already married under the Act to Jessie Phiri with the marriage certificate dated May 26, 1995.
Mr Chanda stated that owing to the stated fact, the father and the applicant were cohabiting and not living as husband and wife.
“That the said Jessie Phiri is still in possession of the original marriage certificate of herself and Edward Mumbi , and a search at the council registry indicates that there was no cancellation of the said marriage certificate , nor were there divorce proceedings to annul the said marriage,” he stated.
He further contended that the deed of Moet is defective and void as Ms Sibanda and Mr Mumbi were never husband and wife.
