Nachanga Mateo (Suing as Administratrix of the Estate of the Late Elizabeth Kalukango) and Anor (2023/HPF/229) [2023] ZMHC 90 (9 June 2023)

I IN THE HIGH COURT FOR ZAMB AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Family Jurisdiction) REPU IC OF ZAMBIA HIGH COURT OF ZAMBIA FAMILY I!. CHILDREN 'S COURT DIVISION .~~~ -JUN 2023 51n . REGISTRY 5 P. O. BOX 50067 ,LU SAKA 2023/HPF/229 IN THE MATTER OF: IN THE MATTER OF: IN THE MATTER OF: IN THE MATTER OF: ORDER 30 RULE 12(f) OF THE HIGH COURT RULES CHAPTER 27 OF THE LAWS OF ZAMBIA. THE ESTATE OF THE LATE ELIZABETH KALUKANGO WHO DIED ON 13TH JULY, 2016 AT ST. JOHNS MEDICAL CENTER IN LUSAKA PROVINCE. SECTION 19(2) OF THE INTESTATE SUCCESSION ACT CAP 59 OF THE LAWS OF ZAMBIA. AN APPLICATION FOR AUTHORITY TO SALE PROPERTY FORMING PART OF THE ESTATE OF THE LATE ELIZABETH KALUKANGO BETWEEN: ' ' '' ' NACHANGA MATEO · 1 sr APPLICANT (Suing as Administratrix of the Estate of the Late Elizabeth Kalukango) PEZO MATEO (Suing as Administratrix of the Estate of the Late Elizabeth Kalukango) 2ND APPLICANT ---------------------------·-------------------------------------------------------------------------- JUDGMENT· legislation referred to: (i) The Intestate-Succession Act, Cap 59 CamScanner R2 l . This m a tte r w as instituted by Orig inating Summ o ns filed o n 4th M a y, 2023, in whic h the applicants herein sought an order for sale o f Sta nd no . 1250 of Stand 7 417, situate at Chilenje South in the City and Provinc e o f Lusa ka in the Republic of Zambia . 2. The application is based on grounds set out in the supporting a ffidavit dated 4 i h May, 2023 sworn by the Applican ts herein. 3. According to the affidavit filed in support, the Applicants averred that a grant of Letters of Administration in respect of the estate of the late Elizabeth Kalukango was issued to the Applicants on 22nd March, 2023 as evidenced by exhibit "MM 1 ". It was the Applicants averment that the deceased was survived by five (5) children who are the beneficiaries herein namely Nachanga Mateo (the pt Applicant here), Pezo Mateo (the 2nd Applicant herein), Maanix Chiwone, Tommy Mukuma Mateo and Noah Lupunga. Further, that they have all endorsed their signatures to consent to ' the sale, as evidenced by the consent letter exhibited as "MM3". 4. It is the position of the Applicants that the Order of authority to sale sought would make it possible for the Applicants to sale the property for the benefit of the beneficiaries. 5. This Court has considered the application herein, Aftidavit 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, which 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. CamScanner R3 6. This Court has taken note that there is no objection to the proposed sale. The Court further notes that the Applicants advertised the Notice of Intention to sale Stand no. 1250 of Stand 7 417 situate in Chilenje South of the City and Province of Lusaka in the Republic of Zambia in the Zambia Daily Mail newspaper on 11th April, 2023 and 12th April, 2023 as evidenced by the Certificate of Publication exhibited as "MM4". 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 Applicants the authority sought to sale Stand No. 1250 of Stand 7 417 situate in Chilenje South, 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 "MM2". 9. It is so Ordered. \ ' . · .. ~ ' . DATED THIS -~·- :.::.,:,,,~~--,.,_DAY OF ----- --------------- 2023. ' fP. . , ' \ . ' 3 ;f!?!J~:;:;}~, • tl --------- onda GE CamScanner