THE Attorney General and former first lady, Maureen Mwanawasa, have been taken to Court, with the litigants demanding the removal of armed paramilitaries from the retirement house of late President Levy Mwanawasa, now owned by Lusaka University Limited.
In a petition filed in the Lusaka High Court, by the initial buyers of late President’s property, located in Chongwe, Ms Esther Chipasi and Mr Mustapha Kwabena Osuman, allege that Ms Mwanawasa has refused to vacate the premises of the property which was currently guarded by armed paramilitaries.
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The petitioners stated that the former First lady’s brother and sister are accommodated in the property in question.
They stated that before negotiations between them and Ms Mwanawasa could be concluded so vacant possession could be handed over to UNILUS, the Attorney General sent paramilitaries on the premises to chase away the current holder’s (UNILUS) security guards and representatives from the premises.
The Petitioners said that the Attorney General further proceeded to place a caveat on the. Property on April 25, 2023, thereby interfering with what should be a private transaction between them and the former first lady.
Ms Chipasi and Mr Osuman are seeking a declaration that Ms Mwanawasa no longer has both beneficial and legal interest in property and therefore the caveat that was placed by the Attorney General has no legal backing.
And that the Attorney General’s action to deploy paralimitaries onto the property in order to prevent UNILUS from enjoying quiet possession of the property violated the right to protection from deprivation of property and directly affected the petitioners.
The Petitioners are also claiming damages for the breach of their right and loss of anonymity.
Ms Chipasi stated that on September 15, 2017, Ms Mwanawasa, presented a consent signed by all her children who were named beneficiaries in agreement that the property be sold to her.
“The first respondent (Attorney General) by a letter dated January 18, 2022, did assert the State’s position in that, the state was not interested in buying back the property but it was the second respondent (Ms Mwanawasa) who wants to buy back the property. In view of the fact that neither the state nor the second respondent could buy back the property the petitioner’s sold the property to the UNILUS (current holder).
The petitioners stated that on May 15, 2023, their lawyer wrote a letter to the Attorney General demanding for the withdrawal of the deployment of the paramilitary personal, but the situation has remained the same.
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