Family rendered homeless after father sells their house

Written by on March 17, 2019


@sun Zambian

A Ndola man has left his family homeless after he sold the house they lived in and settled elsewhere.

After being released from prison, the man decided to sell the property and disappeared from the rest of the family members, who have since been ordered to leave house the court,

The new owner, Annie Sawana 60 of Lubuto Township, has sued Chiluba Nkandu 28 of Kantolomba for eviction so that she can take possession of the house.

Ms Sawana told the Kabushi Local Court that in 2017 Mr Ackim Nkandu the father of Chiluba made arrangements of selling his house.

She decided to buy the house from him since he was the legal owner and that they agreed to do so after he had renovated the property.

Ms Sawana explained that at the time of the transaction, Chiluba was living in the house with her husband and family.

“By the time we were making arrangements, the daughter was aware that her father was selling the house. I paid K11,000 and signed in the presence of witnesses,” she said.

Ms Sawana said when she wanted to start renovating the property, Chiluba refused to leave the house, insisting that it was a family property even though her father had sold it.

“After I brought bricks to start renovating the house, Chilubu decided to put a poster indicating that the house was on sale even when I had already paid for it,” she said.

Ms Sawana said all she wanted was to occupy her house and that Chiluba should leave as it legally belonged to her since she bought it from the father.

The case came before presiding magistrates, Agnes Muswema, Mildred Namwizya and Evelyn Nalwizye.

In her defence, Ms Nkandu said she lived in the house with her siblings and the mother since her father was convicted in 2000.

She said when her father was released from prison in 2015, the family welcomed him back and continued to live together.

Ms Nkandu said in 2016 her father wanted to renovate the house and that’s how her mother went to live in Twapia Township.

“My father never mentioned anything to me that he was selling the house as I am the one living in it with my entire family. Ms Sawana understands the situation at home but she did not ask me even when she knew I am the one living in the house,” she said.

She said since 2017, her father was nowhere to be seen and that Ms Sawana bought the house in a crooked manner.

Chiluba insisted that the house belonged to her mother and not the father, but could not produce evidence.

In passing judgment, the court ordered Chiluba to vacate the house within a month on grounds that her father had a right to sell it even without asking for her permission.

The court said since Ms Sawana already paid for the house and signatures on the sale agreement were valid, the house belonged to

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