He Was Not Your Father – Court
By Dickson Jere
A Zambian lady named Suresh Patel Tembo was born in 1992 out of wedlock. Her mother Regina Zulu died when she was young and was therefore raised by her grandmother who later died too.
She claimed that her father – Indian businessman Nagin Patel of Ndola – provided the basic necessities including school fees. However, as fate has it, he also died in 2006 without leaving a Will. She claimed he was a richman with a number of properties, including houses, garages and 82 trucks. He also left behind two sons whom he had with his wife.
The lady tried in vain to get her share of the estate from the two half brothers. They denied her as they did not know of her existence. They insisted that she should produce evidence to show that she was the daughter of their father. Meanwhile, she dropped out of school due to lack of funds even though the same brothers had given her only ZMW5,000 for fees.
Having failed to resolve her issues, including going to Victim Support of Zambia Police, she decided to sue in the Lusaka High Court. She demanded that she be given her share of the estate left by her father. She accused the half brothers of enjoying the benefits including taking over the businesses.
The Judge heard both sides of the story including their witnesses. So, the crucial question was whether this lady was the biological daughter of the late Patel. The Court noted that there two ways in proving paternity in Zambia.
“The most conclusive approach is to take a DNA test,” the Judge said, noting that she did not ask for DNA test and therefore cannot be ordered by Court.
In the absence of DNA test, the Judge resorted to determine the matter by way of presumption, which is also legally allowed in Zambia. The lady claimed her birth certificate was lost after her grandmother died and she could not also produce school fees receipts to show that Patel used to pay for her.
“On the totality of the Plaintiff’s evidence adduced, it is apparent that the same is insufficient to support her claims that she is a daughter to the deceased and that the defendants are her half brothers,” the Court said.
Further, the Court said the lady failed to provide evidence that the assets – including one of Zambia’s famous trucking company – was owned by her alleged late father. Her half brothers claimed that their father left nothing except watches and clothes and that the wealth was created by them.
“As such I find that there is no proof to substantiate the plaintiff’s claims with regard to the assets that the deceased left as alleged,” the Judge said and dismissed the case with costs.
Case citation – Suresh Patel Tembo v Kamilesh Patel & Another (2019/HPF/0122) and judgement delivered last week 12th November, 2025.
Lecture Notes;
1. This case makes a point that whenever you want to claim paternity, the best and conclusive way is to do DNA test. You can also go to Court and ask the Judge to grant you Order to allow DNA test to be conducted. If you do not ask for it, the Court will not give it to you. Court grants what you ask.
2. Without DNA, you can prove by way of presumptions. You show the Birth Certificate, or evidence that the father paid for the child upkeep or school and show the receipts in his name. It is not good enough just to claim. Court works on evidence on record.