CHINTU MALAMBO writes
A WIDOW of Lusaka has sued three women who are claiming shares in her late husband’s estate by alleging that they have children with the late.
Agness Chilongo dragged Lucy Diana Chirwa, Precious Nyaondo and Judith Nakazwe to the Lusaka High Court demanding an order directing the three who are claiming interest in the estate of late Auckly Simwinga to provide evidence of paternity of their infants.
Ms Chilongo also wants a declaration by the court of how much the alleged infants who would have proved paternity were entitled to.
She further wants a declaration that the failure by the three women to provide evidence of paternity makes only the two children of the family entitled to the remainder of Mr Simwinga’s estate.
According to an affidavit in support of originating summons, Ms Simwinga of Chilenje South stated that she got married to her late husband on November 22 1999.
She added that during their marriage, they only had two children of the family and to her knowledge, her husband had no other children outside wedlock or before their marriage.
Ms Simwinga said during their marriage, they acquired various properties ranging from real to movable ones.
She said when her husband died in 2018 she was appointed as administrator together with her two daughters and sister in law.
Ms Simwinga claimed that during her husband’s funeral, three women begun demanding fo a share of the estate in behalf of their infants who they claimed to be Mr Simwinga’s children.
“Upon the death of our husbands and during the funeral, three women begun demanding and suing me and the other administrators and some even came to my place alleging and demanding for a share of the estate of my late husband of behalf of some infants they claimed to be their children fathered by my late husband,.
“Lucy and Precious commenced court process against me and the estate in the Chilenje local court. Lucy Chirwa alleges to have two children with my late husband and claims an interest in the estate,” Ms Simwinga stated.
She said when the Chilenje local court disposed of the matter, she received other summons from Lucy and Precious but said Judith did not sure her but had been calling her directly alleging that she also had two children with Mr Simwinga.
Ms Simwinga claimed that the tree women voluntarily gave her their children’s birth records with the view to prove their interest in the estate
She however, stated that her lawyer advised her that proof of paternity was important to a claim of being a legatees and that birth records only were not enough.
“I am reliably advised by my counsel who advised that the proof of paternity is a cardinal ingredient to a claim of being a legatees of an estate and that a birth record alone is not conclusive evidence with the exception of children of the family,” She said.
Ms Smwinga is seeking the indulgence of the court to order the three women to prove evidence of paternity and stop harassing her and the estate with unfounded allegations.