Mutinta Mulaye writes
A 23-year-old businessman of Lusaka’s John Laing Compound left the Boma Local Court disappointed after he failed to get a restraining order against his stepmother and uncle.
This was a case in which Isaac Banda took Alick Ntaka and Edita Ntaka both of Kuku Compound to court and told Local Court Magistrate George Kaoma that they were depriving him from benefitting from his late father’s estate.
Banda told the court that Edita was his stepmother and Alick was his step mother’s brother.
“Dad divorced my stepmother in 2011. He died in 2016 and my grandfather told me to be getting the rent money to share it among the family. At some point I stopped getting the money. I don’t know who was collecting it,” Banda said.
“In November, I was chosen as administrator. I told my uncle I want to be using the stand that dad left in Soweto market but he refused. I put garlic to sell on that stand but uncle packed it and told me to go sell elsewhere,” he said.
Alick only told the court that he did not know why his nephew brought him to court or what confusion he had brought on what his Banda’s father left.
Banda: Who’s the owner of that stand you refused me to use where you’ve put someone to rent?
Alick: It’s mine.
Banda: Didn’t you tell me its my father who left that stand?
Alick: Your grandfather told me your father left some garlic and you needed a place to sell it so I was looking for a place for you to sell it.
Edita told the court that she built a house with the late before they got divorced. She said when they got divorced, the court ordered that they sell the house but as families, they decided to give the house to their children.
“The late’s sister was chosen as administrator but she never used to give the children any money. I complained to my in-law. The administrator stepped down and we appointed Isaac so that he can collect the rent and help his siblings,” Edita said.
She said Banda collected K900 rentals every month and only gave his siblings K200 which was not enough to cater for their needs.
She said they sat him down and decided she would help Banda in sharing the money amongst the beneficiaries.
“Last year in August that’s when I started collecting the rentals. I never used to collect the rentals alone but I was brought to court. We were advised to see an administrator general,” she said.
The court could not restrict Edita from benefitting from the house because she has rights to it.
The court also advised that because the market stand in question is under the council, they cannot put any order. And if the stand belonged to Banda’s father, the market was supposed to give it to him.
The family was advised to go to the subordinate court to reconcile over sharing of the property.