Court rejects administrators’ revocation plea
Written by Millennium on April 5, 2019
MUTINTA MULAYE writes
A local court in Lusaka has dismissed a case in which a soldier sought the revocation of the two administrators of his late father’s estates because they allegedly sold off some property without the consent of all the beneficiaries.
Micheal Tembo, 19, a soldier in Kabwe, sought the Boma Local Court to revoke the appointment of his step mother, Chewe Mulenga, 30, a teacher of Bauleni area, and his uncle Tryson Tembo, 38, of Garden house area, as administrators of his late father’s estates so he could administrate it.
Before the Boma Local Court, Mr Tembo stated that after his father, Nathan Tembo died, Chewe Mulenga, a 30 year old teacher of Bauleni and Tyson Tembo, 38 of Garden house were chosen as administrators.
“I want both of them to be revoked so that I can administer my late father’s estates. When we sat after the funeral as a family, my Uncle Sam told my step mother that the car belonged to all the beneficiaries. To my surprise, she sold it without my uncle even knowing about it,” Mr Tembo said.
He said that his father also left a house in Bauleni which his step mother, Ms Mulenga, claimed she contributed to building it. “My father started building that house in 2009 and he was married to another woman at the time,” Mr Tembo said.
He said that there was confusion over who is party to the ownership of the house after the family resolved to sell it.
But Ms Mulenga said that she first met Mr. Tembo at her first husband’s funeral and that he left behind 6 children from different mothers and that she only met two of them when she was getting married to him in 2016.
She explained that the late Nathan Tembo rented a house at the time and that he also had an incomplete house which they later partially completed and shifted into using a loan obtained together.
She said that the vehicle in question was hers and not for her late husband and that it was still in the name of the foreigner whom she had bought it from.
“I cannot agree to have my administratorship to be revoked and let only my husband’s family administrate the property,” said Ms Mulenga.
And the other administrator, Mr Tyson Tembo, told court that there was no way he could have known about who owned the car because Ms Mulenga never showed him the papers for it and only told him she had sold it when they met at the bank.
He said that he had worked well, as administrator, with Ms Mulenga and that he had been communicating with the children on all their decision and they were free with him.
“But I have no problem with being revoked as long as Mr Tembo gives proper reasons for the decision and all the other beneficiaries agree,” he said.
The court ruled it could not revoke the two administrators’ appointment because they were operating in accordance with the provisions of Interstate Succession Act.