By KAPALA CHISUNKA
A 38-YEAR-OLD widow of Kanyama begged the Lusaka Boma Court to revoke the order of appointment of her 61-year-old father-in-law because he has failed to fairly administer the property of her late husband.
Judith Mulenga told senior court magistrates Mable Mwaba and Mary Namangala that her father-in-law Nason Mweemba of Old Kanyama has been failing in his duties as an administrator and has been cheating her out of her rightful percentage of the deceased property as a widow.
This was in a case, in which, Mulenga sued Mweemba for Revocation of Order of Appointment.
But Mweemba told the court that he was more than ready to step down because he was tired of fighting over his son’s property with his widow.
Mulenga, who is the co-administrator of her deceased husband’s property, told the court that she has no say in whatever Mweemba does or how he administers.
“After my husband died, we went to the village where he was buried. Apparently, immediately after burial, the family appointed him as administrator. I only knew about it when we returned to Lusaka,” she said.
Mulenga said when they came back to Lusaka, Mweemba requested for documentation for his deceased son’s property which included two houses and two vehicles.
She explained that the two houses are leased out as boarding houses while the two cars are currently being used by Mweemba.
“When I discovered that he had been appointed administrator, I decided to sue and that was when I was made co-administrator. I was told by the court that as his widow, I am entitled to 20 percent,” she said.
Mulenga said out of the 20 rooms on rent, she was only told to be getting rentals of two rooms and that she was only given for two months. She said when she complained; Mweemba refused to adhere to the court order and instead sued her.
Mulenga, however, said the court ruled in her favour but when they left the court, Mweemba told her that he would not give into the order by the court to give her the 20 percent because property belonged to his son.
“I had no children with my husband but he had four from his first marriage. I got the children when he died because their mother is also deceased but Mweemba grabbed them from me because he thinks I would be getting their percentage as well,” she said.
Mulenga complained that out of the K3, 400 Mweemba collects in rentals, he only gives her K300.
But Mweemba told the court that he was ready to step down. He said the four children were not grabbed from her but that she was the one who abandoned them.
“We have 13 rooms on rent going at K150 each. I collect about K1, 950 and not K3, 400 and the K300 she is complaining about is her entitlement because that is the same amount I get. The rest goes towards the children’s education,” he said.
Passing judgment, the court upheld the claim and noted that both Mulenga and Mweemba had failed to properly administer the deceased property due to lack of communication and trust.
MBULO BLAISE
June 23, 2013 at 8:44 am
13rooms,20rooms!no kids,2 cars taken away,elo it seems the wife and in-law’s relation was sour even when the husband was alive.
child protector
June 23, 2013 at 10:45 am
Its unfortunate in this day and age to see such things happening considering the fact that the laws on estate and intestate act are clear on how to manage the estate after the death of a spouse.A simple breakdown of the estate is as follows
1-50% goes to the children
2-20% goes to the surviving spouse
3-20% goes to the parents of the deceased spouse and
4-10% goes to the dependents
Why should such relatives take advantage over a widow and children?
For those with such challenges,visit the nearest police post or station and ask for the victim support unit or the child protection unit for assistance or to the YWCA or sexual and gender based violence centers situated at hospitals across the country
God bless the widows and give them strength during such difficult times.AMEN.
CALLED WISE
June 23, 2013 at 11:51 am
WHAT PROFITS A MAN TO GAIN THE WORLD BUT LEAVE TO HIS RELATIVES TO BENEFIT?
NOWADAYS, SOME PEOPLE WOULD WISH THEIR OWN RELATIVES TO ‘GO SOON’
SO THAT THEY DO THE SHOPPING WITHOUT VOUCHERS.
MAN’S LABOUR’S RELALIVES’ GAIN.
CALLED WISE
June 23, 2013 at 12:26 pm
TO AVOID TROUBLES AFTER I’M GONE, I WOULD LIKE TO SHARE MY WILL WITH THE PUBLIC:
*THE 2 SPARED TYRE-TUBES OF MY BIKE WILL GO TO MY UNCLE JOE SATA,
*MY 4 PAIRS OF SOCKS ARE FOR MY NEPHEW DAN RIBANA,
*THE Kr20 MY NEIGHBOUR PHIRI OWES ME WILL BE FOR MY BROTHER LEX MWALE,
*ALL MY RHUMBA CD-COLLECTION WILL GO TO COUSIN COSTA MWANSA,
*MY 3×4 METER GARDEN OF UMULEMBWE IS FOR MY AUNTY BETTY NG’UNI,
*MY 2 BATTERY-RADIO SET IS FOR MY STISTER ANNA SILAVWE,
*MY BOX OF SCREW-DRIVERS WILL BE GIVEN TO MY GRANDPA’ McFegas TEMBO,
*MY 2 PAIRS OF PATAPATA SANDALS ARE FOR MY FRIEND kakolwe,
*FINALLY MY NOKIA 3310 KEY-PAD AND BATTERY ARE FOR THE ADMINISTRATOR Mr. KAYA UMWINE.
Sincerely yours
CALLED WISE.
Democrat
June 23, 2013 at 12:35 pm
The law doesnt make sense to me here. The woman had no children with the deceased. She wants to cling to the step children because of money. The rightful custodians of those orphans are the grandparents in this case. If the deceased never left any money the woman cud hav vanished into thin air. 50%, 20%, 20%, 10% watever u ko it is foolish law here.
Popopo
June 24, 2013 at 5:08 pm
Iwe Mweemba your fighting with that Bemba woman Mulenga will never materialise especially if she is from Chinsali. Cant you read the lines that she want the all estates? Sell them and share the money. Get the kids not her to get them, she is not related