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CBU
Graduate Hails LRF
By Perpetual Sichikwenkwe
A former Copperbelt University of Zambia (CBU) student has hailed the Legal
Resources Foundation (LRF) for coming to his aid.
Felix Kambole of Nkana East said he was indebted to the Foundation for
helping him get back his late father's house.
Felix told Kitwe LRF supervising lawyer Ignatius Chongwe that his father
died in 1978 leaving behind cars and a house. He said his uncle Weslous
Kambole now deceased was appointed administrator for the estate and took the
cars, which are believed to have been sold, and put the house on rent.
Felix, who was then 2 years old, was taken to Lusaka to leave with an uncle.
He said in 1993 another uncle moved in the house but Felix approached him
wanting the house but he refused claiming it was a family house. Felix who
had 3 sisters from different mothers sought to appoint another administrator
because the administrator died in 2000.
His uncle refused to move out and Felix on his own behalf and other
beneficiaries sued him in the Kitwe High Court of Zambia.
In his defence the uncle's lawyer held that it was not fair for his client
to lose the house because he spent about K34, 062, 83, which he paid at the
time when the Zambia National Building Society repossessed the house due to
the accumulated unpaid mortgage.
The lawyer also held that the payment was done in the interest of the
children and the family had promised to pay him back but it did not. He also
argued that the house be treated as a family estate since by then Felix was
a student who could not look at the interests of other children well.
But Kitwe LRF supervising lawyer Ignatius Chongwe argued that the mortgage,
which the uncle paid, be treated as a debt owed to him by the estate of the
late Kambole.
He said, however, by leaving in the house for close to 10 years now, he has
recovered the K34, 062,83 that he spent on the house.
In passing judgement, Kitwe High Court held that Felix was the beneficial
owner of house and that the uncle surrenders the title deed of the house to
Felix.
The court also appointed Felix as administrator for the remaining estates. |
