FORMER Chilanga UPND member of parliament Keith Mukata has suggested before the Lusaka High Court that his former wife, Maricoh, himself and their children should share 33.3 percent each out of the proceeds of the sale of family property.
Mukata has also proposed that he and Maricoh should be contributing a total of K79,000 per month as expenditure for the children of the family and that they should both be contributing equally on a 50/50 basis, until such a time when the children become independent.
Mukata explained in his affidavit in support of summons for maintenance and property settlement that he was a respondent in a divorce matter where judge Dorcas Malama granted a Decree Nisi on February 4, 2022.
He stated that judge Malama also referred an order for property settlement to the honourable registrar of the High Court which the parties did not agree.
Mukata stated that all negotiations with Maricoh to agree on property settlement proved futile.
He stated that the properties that were acquired during the subsistence of the marriage were two semi-detached flats situated at Stand No. A2381/F/3a Kwamwena Valley in Chongwe district, 5 acre plot of Subdivision B of Subdivision 15 of Farm No. 691 situate at Kasupe in Lusaka West and 1.3 acres of Subdivision A of Farm No. 691 situate at Kasupe in Lusaka West.
Mukata also itemised other properties.
“2 hectares of Farm 4151 situate in Kitwe Meanwood Park, 5 acres situate in Meanwood Lusaka, Property on holding number NK7A Nakatindi resettlement, Livingstone. Land Rover Discovery registration number AJE 1959 and 70 acre plot of Subdivision A of Lot 9431/M situate in Lusaka Province,” he stated.
Mukata stated that proposals for property settlement were that the matrimonial property should be sold and the proceeds be distributed after taking into consideration the attendant expenses such as legal fees, valuation fees, tax and others.
“33.3% of the proceeds of sale to be given to the children of the family for their university education, 33.3% of the proceeds of sale to be given to the petitioner and 33.3% of the proceeds of sale to be given to the Respondent,” he stated.
Mukata also proposed that the properties be jointly marketed, sold and conveyed by the petitioner and the respondent’s advocates.
“That the advocates shall be at liberty to charge professional fees to be split in half between the petitioner and respondent’s Advocates. The sale shall be on the highest offer basis,” he stated.
Mukata stated that the proceeds of the sale shall be paid into the respondent’s client account to be held in escrow and further that the children’s share be paid into an investment account for their university education.
He proposed that both the petitioner and the respondent be signatories together with two lawyers nominated by the parties.
Mukata stated that during the time he was incarcerated, he paid the children’s school fees through his driver Matthew Mtonga who could attest to the veracity of the events alleged.
He stated that there was no agreement between the parties regarding the maintenance of the said children of the family and that his monthly expenses for the maintenance of three of the children were on food and groceries, Medical Scheme, Clothing, School fees per term inclusive of transport, books and other school needs.
Mukata stated that the total expenditure comes to K79,000.00 which he proposes should be paid by both him and the respondent equally on a 50/50 basis until such a time that the children were independent.
“That if the order of monthly maintenance of the children is not granted, it will not be in the best interest of the children as it will deprive them of their livelihood,” stated Mukata.
He stated that it would be in the interest of justice for the court to allow the property and maintenance to be shared as proposed.