James Shamusonde (Suing as Administrator of the Estate of the Late Ntalasha Mathew Siamusonde) (2023/HPF/287) [2023] ZMHC 89 (15 June 2023)

I IN THE HIGH COURT FOR ZAMBI AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Family Jurisdiction) J1 REPUBLIC OF ZA MBIA HfGH COURT OF ZAMBIA FAMILY & CHILD" EN'S COURT DIVISION • I 15 JUN ! 3 Jl1_lli REGISTRY 5 2023/HPF /287 IN THE MATTER OF: IN THE MATTER OF: IN THE MATTER OF: IN THE MATTER OF: BETWEEN: 0Q§ f,L~ KM TE NTALASHA MATHEW SIAMUSONDE (DECEASED) SECTION 19(2) OF THE INTESTATE SUCCESSION ACT •' CAP 59 OF THE LAWS OF ZAMBIA ORDER XXX RULE 13(b) OF THE HIGH COURT RULES, CHAPTER 27 OF THE LAWS OF ZAMBIA AN ORDER FOR SALE OF REAL PROPERTY RELATING TO LOT NO. 10671/M LUSAKA . ' ' JAMES SHAMUSONDE (Suing as Administrator of the Estate of the · Late Ntalasha Mathew Siamusonde) ' APPLICANT ------------------------------------ \ ______________________________________________________________________________ _ . ' JUDGMENT legislation referred to: (i) The Intestate Succession Act, Cap 59 1. This matter was instituted by Originating Summons filed on 1st June, 2023, in which the applicant herein sought an order to sale LOT No. 10671 /M, situate at Lusaka in the Republic of Zambia. CamScanner J2 2. The application Is base d on grounds set out in th e supporting affidavit dated 1 1 June , 2023 and a Further affidavit dated 9th June, 2023 both sworn by th e Applicant herein. 3. According to th e Further affidavit of 9th June, 2023, the Applicant averred that a Grant of Letters of Administration in respect of the estate of the late Ntalasha Mathew Siamusonde was issued to the Applicant on 24 th April. 2023 as evidenced by exhibit II JS 12". It was the Applicants averment in the supporting affidavit of 1st June, 2023 that the deceased was survived by the widow namely Grace Mutinta Ntalasha and three (3) Children namely James ·Shamusonde (the Applicant herein). Munezha Corrie Shamusonde and Mable Shamusonde. 4. That the beneficiaries have expressed their desire to sale the undeveloped portions of LOT No. 10671 /M, situate at Lusaka in the Republic of Zambia and have endorsed their signatures to consent to the sale as evidenced by the consent document exhibited as II JS8" in the supporting affidavit of 1st June, 2023. ' . 5. This Court has considered the application herein, affidavit in support, documentary evidence placed before it and skeleton arguments. The present application is governed by the Intestate Succession Act, Chapter 59 of the Laws of Zambia. Section 19 (2) of the Intestate Succession Act. This provision empowers an Administrator/ Administratrix of an estate to sell property where it is necessary or desirable to do so for the purposes of carrying out his or her duties, with the authority of the Court. 6. This Court has taken note that there is no objection to the proposed sale. The Court further notes that the Applicant advertised the Notice of Intention CamScanner J3 to sale LOT No. 10671 /M situate in the City and Province of Lusaka in the Republic of Zambia in the Zambia Daily Mail newspaper on 9th May, 2023 and 10th May, 2023 as evidenced by the Certificate of Publication exhibited as "JS 11 ". There is no objection that has been brought to the attention of this Court. 7. Therefore, having carefully considered the instant application, the Court finds the application merited. 8. The Court accordingly, grants the Applicant the authority sought to sale LOT No. 10671 /M situate in the City and Province of Lusaka in the Republic of Zambia, having been satisfied that it forms part of the deceased's estate as shown by the Certificate of Title exhibited as "JS9". 9. It is so Ordered. , .. JUN 201.3 -------------- ' ------- T . S us ,~ "'onda BOXS0067 , \: 'f:>GE CamScanner