By Natasha Sakala,
CONTROLLER, Internal Audit, at the Ministry of Finance Chibwe Mulonda has been dragged to court by his girlfriend, Stella Namwila who is trying to block the repossession of property given to her during their cohabitation.
Namwila has alleged that Mulonda revoked an irrevocable deed of gift and evicted her from the house after refusing to conceive his child.
Namwila is seeking a declaration that she is the bonafide owner of property number Subdivision A1173 of subdivision L of stand number 34872 situated at Northgate Gardens, SOS, Lusaka and a declaration that the deed of gift dated September 7, 2020 executed by Mulonda in her favour for life, is irrevocable and any purported acts by Mulonda to revoke the same is null and void.
She is also seeking a declaration that any attempts by Mulonda to dispose of the property is illegal hence null and void and an order of specific performance directing Mulonda to yield up vacant possession of the property to her.
Namwila is further seeking a declaration that motor vehicle Toyota Corolla Axio registration number AIC 6144 ZM is her bonafide property and attempts by Mulonda to revoke the same is illegal, null and void.
According to a statement of claim filed in the Lusaka High Court, Namwila who is a civil servant, stated that she has been in an intimate relationship with Mulonda from 2017 and cohabited at the house in question.
She noted that during the period they cohabited together, Mulonda, at his instance as donor in consideration of his natural love and affection for her as beneficial owner executed an irrevocable deed of gift dated September 7, 2020 in which she was gifted property number Subdivision A1173 of subdivision L of stand number 34872 North Gate Gardens, SOS, Lusaka, for life.
Namwila further stated that she immensely contributed finances to upgrade the property knowing that the said property was now hers.
She added that during the period she cohabited with Mulonda, she contributed materially and financially towards the development and improvements of the said property and it will be for all purposes and intents unfair and unjustified for the defendant to purport to verbally revoke the irrevocable deed of gift granted in her favour for life.
Namwila disclosed that during the period they lived together with the defendant and his relatives at the said property, she underwent serious acts of forbearance and that she has suffered shock, mental anguish and psychological torture following her eviction at the instance of the defendant from a house she considered hers on allegation that she evicted Mulonda’s niece.
She said she will aver at trial that the other reason the defendant alleged to revoke the irrevocable deed of gift and evicted her from the house was also because of her refusal to conceive his child.
Namwila also revealed that during the period of cohabitation, Mulonda, through an agent, also bought her a motor vehicle, a Toyota Corolla Axio registration number AIC 6144 ZM for her personal use in consideration to the love and affection that he had for her.
She added that attempts to withdraw the said motor vehicle must be declared null and void as she contributed money towards the purchase of the said motor vehicle.
Namwila stated that Mulonda, anticipating litigation after receiving a demand letter is now attempting to alienate the said property and demand the return of the said motor vehicle to circumvent the due process of the law.
She further noted that unless restrained by an order of the court, Mulonda is likely to dispose of the said property which may render the proceedings an academic exercise.