In this matter, Agness Chilongo has sued Lucy Diana Chirwa, Precious Nyaondo and Judith Nakazwe in the Lusaka High Court, demanding an order directing the three women to provide paternity evidence of their infants.
She further wants a declaration that the failure by the three women to provide paternity evidence makes only the two children of the family entitled to the remainder of the late Auckly Simwinga’s estate, among other claims.
In an affidavit in support of originating summons, Chilongo stated that she got married to Simwinga on November 22, 1999 and that during their marriage, they only had two children of the family.
She added that to her knowledge, her husband had no other children outside wedlock or before their marriage.
“To my Knowledge, my husband and I had no other children outside wedlock or before we got married apart from the two dependents we used to keep who are now of age,” Chilongo stated.
She stated that during their marriage, they acquired various properties ranging from real to movable ones.
Chilongo further stated that when her husband died in 2018, she was appointed as administrator together with her two daughters and sister-in- law.
She claimed that during her husband’s funeral, three women begun demanding for a share of the estate on behalf of their infants who they alleged to be Simwinga’s children.
“Upon the death of my husband and during the funeral, three women begun demanding and suing me and the other administrators. Some even came to my place alleging and demanding for a share of the estate of my late husband on behalf of some infants they claimed to be their children, fathered by my late husband,” she said.
Chilongo further stated that two of the said women commenced court proceedings against her and the estate in the Chilenje Local Court.
“Lucy and Precious commenced court proceedings 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,” she stated.
And Chilongo stated that when the Chilenje Local Court disposed off the matter, she received other summons from Lucy and Precious.
She however added that the other woman, Judith, did not sue her but had been calling her directly, alleging that she also had two children with her late husband.
Chilongo stated that the three 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 had adviced her that proof of paternity was important to a claim of being beneficiaries and that birth records only were not enough.
“I am reliably adviced by my counsel who adviced 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,” Chilongo stated.
She is therefore 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.
Chilongo also wants a declaration by the court of how much the alleged infants who would have proved paternity, were entitled to.