KAVINDELE VS KAVINDELE: Father says his son is only interested in selling property

KAVINDELE VS KAVINDELE: Father says his son is only interested in selling property

Former Vice-President Enoch Kavindele has accused his son, Enoch Jr. of manipulatimg his grandmother into transferring power of attorney for her properties to him, so that he could sell them.

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Senior and Junior Kavindele are in court squaring it off over who should keep documents related to three valuable properties in Lusaka owned by the former vice-president’s mother, Maria Senda Mampata.

Enoch senior says he has every right not to surrender the certificates of title to his son who is a photographer because the Power of Attorney he claims to have obtained from his grandmother was done without her consent as a donor.

Enock Jr has sued his father in the Lusaka High Court for withholding property documents.

He is seeking an Order compelling his father to hand over possession of Certificate of Title No. L7179 relating to Lot No. 7273/M, Lusaka, Certificate of Title No. 6167 relating to Lot No. 7290/M, Lusaka and the Certificate of Title relating Lot No. 7291/M, Lusaka.

The muscular photographer is also is seeking an order restraining Enoch Sr from interfering with the lawful possession and making any entries through the Registrar of Lands and Deeds on Lot No. 7273/M, Lusaka, Lot No. 7290/M, Lusaka and Lot No. 7291/M,

He wants damages for inconvenience occasioned to him by his father Enock Sr, and interest on all sums found to be due.

But in his defense Kavindele says, he is actually the one who bought properties known as Lot No. 7273/M, Lot No. 7290/M and Lot No. 7291 for his mother, 29 years ago.

He explained that his mother Maria Senda did not freely execute any Power of Attorney in favour of his son, and he will put his baby boy to strict proof at trial.

“The plaintiff made the said Maria Senda Mampata to affix her thumb print on the alleged Power of Attorney knowing very well that she did not understand the nature of the document,” Enoch Sr said.

The defendant said his mother is not well schooled to draft a power of attorney and that the 90-year old has complications with her eyesight and is incapable of reading.

Enoch Sr said his mother expressed ignorance about the power of attorney when he confronted her, as she could not remember authorizing his son to deal with any of the properties registered in her name.

The former vice president charged that the registration of the alleged Power of Attorney with the High Court has no effect as the same was improperly obtained.

He said he has been in possession of the certificates of title to the properties since their acquisition, as he is the one who bought the properties for his mother and he has been administering the properties which his son intends to sell for his own benefit, to the detriment of his mother.

“Enock Jr has so far gone ahead and prepared a draft Contract of Sale intending to sell portion of L/7273/M in the extent of three acres to one Yanjie Yan and Yu Lin for the sum of K3,750,000,” Enoch Sr said.

“It is not in the best interest of Maria Senda Mampata, a 90-year-old woman to sell the properties on which her own mother has been buried and where she has indicated that she wishes to be buried.”

He said his mother has been making about K30,000 per month from farming activities on the same properties and is not interested in the proceeds of sale of her properties.

“The properties in issue also accommodate so many relatives who live with Maria Senda Mampata and who are fully dependent on the farm for survival. Therefore, the intended sale of the properties by the plaintiff shall deprive all these persons of their means of survival,” Enoch Sr said.

He said that his mother has also gifted a portion of the properties to her church; New Apostolic Church – Senda Congregation and the transfer of the said portion of land is yet to be registered with the Lands and Deeds Registry therefore, the intended sale of the property shall inconvenience the members of the church including the registered title holder who still attends the same church and holds her faith very dear to her heart.

He further disclosed that his son obtained a power of attorney in a similar manner and collected rentals from tenants without remitting the same to his grandmother.

Enoch Sr said his son is not entitled to any relief and is now counter claiming a declaration that the Power of Attorney of August 13, 2024, is null and void for lack of authority from the donor.

He wants an order canceling the registration of the Power of Attorney on properties known as Lot No. 7273/M, Lot No. 7290/M and Lot No. 7291/M with the Lands and Deeds Registry.

The former vice-president is also seeking an order restraining his son from dealing with properties known as Lot No. 7273/M, Lot No. 7290/M and Lot No. 7291/M in any way whatsoever.

By Mwaka Ndawa

Kalemba October 11, 2024.