A woman has dragged her daughter to the Lusaka High Court for allegedly selling several portions of her property in Ibex Hill to various people illegally and fraudulently, in connivance with a Law Firm, Mosha and Company, and a Lawyer Billingtone Mosha.
The said woman, who has resided in the United States of America since 1998, allegedly learnt about the illegal and fraudulent conveyance and occupation of her property when she returned to Zambia in 2018.
Theresa Nkonde has sued her daughter Elizabeth Nkonde, Mosha and Company (sued as a Law Firm) and Billingtone as first, second and third respondents respectively.
She has also sued 20 other defendants as the alleged illegal and fraudulent purchasers of parcels, pieces, portions or subdivisions of her said property under various illegal and fraudulent instruments of transfer from her daughter Elizabeth and the law firm, in connivance with Billingtone.
Theresa has further sued the Commissioner of Lands and the Attorney General as 24th and 25th defendants respectively.
According to a statement of claim filed in the Lusaka High Court principal registry, January 29, Theresa stated that she was the registered and absolute legal and beneficial owner and proprietor of the leasehold property known as L/3270/M, situated in Lusaka’s Ibex Hill.
She added that the said property is under an original certificate of title issued in her favour in extent of 5.8522 hectares.
Theresa stated that sometime in 1998, she left the country for the USA where she has remained resident until May, 2018 when she returned to Zambia and learnt of the illegal and fraudulent conveyance and occupation of her said property.
She claimed that she also discovered a forged Power of Attorney which was illegally and fraudulently obtained by her daughter and Mosha and Company in connivance with Billingtone and registered at the Ministry of Lands, Environmental Protection and Natural Resources on December 30, 2015.
Theresa added that this was allegedly used to illegally and fraudulently obtain a purported duplicate certificate of title purporting that the Original Certificate of Title was lost, when in actual fact it was still in her custody and possession.
“On the basis of the said forged, illegal and fraudulent Power of Attorney, NRC and purported duplicate Certificate of Title; parcels, pieces, portions or subdivisions of the said L/3270/M, Ibex Hill, were unlawfully conveyed or sold by Elizabeth (her daughter) to several people in connivance with the said Law Firm and Billingtone to the other defendants at diverse purchase prices without her consent or authority,” read the statement of claim.
Theresa stated that she reported the said criminal activities, illegalities and forgery to Zambia Police Service and investigations were instituted against her daughter, Billingtone and the law firm.
She stated that the three defendants were subsequently charged with criminal offences and were currently appearing before the Courts of Law.
Theresa further stated that the defendants have in consequence of the said fraudulent and illegal conveyance of her property, taken occupation of the said property and made illegal developments.
She stated that in July, 2019, she wrote a letter to all defendants, notifying them of the unlawful conveyance and occupation of her property and demanded immediate vacation of her said property, nullification of sale of conveyance of various portions of land and the cancellation of the illegal and fraudulent certificates of title issued to them.
Theresa stated that despite the demands made to the defendants to vacate the said property, they have refused, failed and neglected to do so to date.
She now claims an order and declaration that she is the bona fide, legitimate, rightful, absolute and legal owner of the property.
Theresa also wants an order for the revocation, nullification or cancellation of the certificates of title issued in favor of the defendants and for the restoration of her interest as the legal and beneficial owner of the said property.
She further claims for an order of demolition of all illegal buildings, structures and construction works erected on the said property, an order of injunction restraining the defendants from entering her property and further or alternatively, an order for payment of adequate and substantial compensation by the defendants for unlawful deprivation of her property which she legitimately acquired.
Theresa also wants an order for payment or compensation for her five bedroomed house which was demolished by the defendants on her property, among other claims.