The Lusaka High Court has directed former Vice President Enoch Kavindele and his son, Enoch Kavindele Jr., to resolve their property dispute through a dialogue-driven approach.
According to the order for mediation dated November 14, 2024, Judge Gertrude Chawatama directed that she will dismiss the case if Enock Jr’s lawyers do not show up at mediation.
She also directed that in an event that the father’s lawyer does not show up she will enter judgement in default against the former vice president.
“In an event that a plaintiff and ,if represented, the plaintiff’s advocate does not appear at the meditation, the court may dismiss the case. In the event that a defendant, if represented, the defendant’s advocate does not appear at the meditation the court may enter a default judgement against the defendant,” read the order.
In this case The son, a photographer sued his father in the Lusaka High Court for withholding property documents related to three valuable properties in Lusaka, which are registered in his grandmother’s name Maria Senda Mampata – the mother of Enoch Sr.
He is seeking an Order compelling the former vice-president to hand over possession of Certificate of Title No. L7179 relating to Lot No. 7273/M, Lusaka, Certificate of Title No. 6167 relating to Lot No. 7290/M, Lusaka and the Certificate of Title relating Lot No. 7291/M, Lusaka.
The plaintiff is also is seeking an order restraining his father from interfering with the lawful possession and making any entries through the Registrar of Lands and Deeds on Lot No. 7273/M, Lusaka, Lot No. 7290/M, Lusaka and Lot No. 7291/M,
He wants damages for inconvenience occasioned to him by his father Enoch Sr, and interest on all sums found to be due.
In his defense Kavindele Sr said, he bought properties known as Lot No. 7273/M, Lot No. 7290/M and Lot No. 7291 for his mother, 29 years ago.
The senior Enoch says he has every right not to surrender the certificates of title to his son who, as the Power of Attorney as he claims to to have obtained from his grandmother was done without her consent as a donor.
The former vice-president accused his son of tricking his mother Maria Senda into signing a false power of attorney, as she has a poor eyesight due to advanced age and that, she is not literate to draft such a document.
“The plaintiff made the said Maria Senda Mampata to affix her thumb print on the alleged Power of Attorney knowing very well that she did not understand the nature of the document,” Enoch Sr said.
But in his reply, Enoch Jr rebutted the father’s claims saying his grandmother is the owner of the property and he legally obtained the power of attorney.
Enock jr exposed his father claiming they both share the same interest to sell his grandmother’s property, but their bone of contention is about who gets the money after selling the property.
He explained that contrary to the assertions by his father, the former Republican vice-president, that his interest is to sale his grandmother’s property and squander the proceeds, his daddy was in agreement with his decision and even introduced him to prospective buyers.
“The power of attorney was duly registered in the High Court and at the lands and Deeds Registry and the plaintiff is legally entitled to exercise his rights under the power of attorney in line with the general and specific instructions given to him by the donor,”Enoch Junior argued.
“The defendant has no justification to continue holding on to the certificates of title.”
He explained that what he intends to sell is a minor portion of the farm to raise money to meet specific requests by the donor and not for his personal benefit.
Enoch Jr said his father is aware about the proposed sell of a portion of the farm, and has also brought potential purchasers to view the property.
“To this extent the defendant ,the defendant released two certificates of title relating to L/7273 and L/7290 to the plaintiff for purposes of facilitating the sale in or about August 2024,” he said.
“The defendant has supported and never showed any resistance to the sell of a portion of the donor’s land and his only reservation is that funds realised from the proceeds of the sell be remitted to his account as opposed to the plaintiff or any other person contrary to the donor’s wishes.”
Enoch Jr added that no one will be affected with the sale of the portion of the farm as the donor Maria Senda Mampata is also in agreement.
“The plaintiff vehemently denies the defendant’s counterclaim in its entirety and shall show at trial the defendant has no proof to support his frivolous allegations,” Enoch Jr promised.
By Mwaka Ndawa
Kalemba November 21, 2024.
