MINISTRY of Finance controller of internal audit Chibwe Mulonda has been sued by his lover Stella Namwila in the Lusaka High Court for repossessing a house and a car which he gifted her after she refused to conceive his child among other reasons.
Namwila, is a civil servant, is seeking a declaration that she is the owner of the house situated in Lusaka’s SOS area and that the said property is irrevocable.
In her statement claim, Namwila disclosed that herself and Mulonda have been in an intimate relationship since 2017 and cohabited at property number subdivision A1173 of subdivision L of stand number 34872, Northgate gardens, SOS Lusaka from August 2020 up to March 31, 2021.
She stated that during the period the pair cohabited, Mulonda at his instance as donor in consideration of his natural love and affection for her as beneficial owner executed an irrevocable deed of gift dated September 7, 2020 in which he gifted her property number Subdivision A1173 of subdivision L of stand number 34872 Northgate gardens, SOS Lusaka, for life.
Namwila claimed that in reliance to the Mulonda’s executed deed of gift and representation, she immensely contributed finances to upgrade the said property knowing that it belonged to her.
She contended that she contributed materially and financially towards the development and improvements of the house and that it will be for all purposes and intents unfair and unjustified for Mulonda to purport to verbally revoke the irrevocable deed of gift granted in her favour for her life.
Namwila said that during the period she cohabitated with Mulonda she underwent serious acts of forbearance and has suffered shock, mental anguish and psychological torture following her eviction from a house she considered her own, on allegation that she sent away his niece.
“The reason the defendant alleged to revoke the irrevocable deed of gift and evicting the plaintiff from her house was also the plaintiff’s refusal to conceive his child,”Namwila claimed.
She contended that the said deed of gift is irrevocable after its execution on the September 7, 2020 and attempts by Mulonda to revoke and sale the same are null and void.
Namwila further stated that during the period of cohabitation, Mulonda through an agent also bought her a motor vehicle, a Toyota axio registration AIC 6144 for her personal use because of the affection he had for her, therefore attempts to withdraw the said motor vehicle must be declared null and void.
She alleged that she contributed money towards the purchase of the said motor vehicle.
“The defendant, anticipating litigation after receiving a demand letter is now attempting to alienate the said property and demand the return of the said motor vehicle to circumvent the due process of the law. Unless restrained by an order of this court, Mulonda is likely to dispose of the said property which may render these proceedings an academic exercise,” Namwila said.
She prayed for a declaration that she is the owner of property number Subdivision A1173 of subdivision L of stand number 34872 situated at Northgate gardens SOS, Lusaka.
Namwila is seeking a declaration that the deed of gift dated September 7, 2020 executed by Mulonda in her favour for life is irrevocable and any purported acts by him to revoke the same is null and void.
She also wants a declaration that any attempts by Mulonda to dispose of the property is illegal, null and void and an order of specific performance directing him to yield up vacant possession of the property to her.
Namwila is further seeking a declaration that the motor vehicle belongs to her and attempts by Mulonda to revoke the same is illegal, null and void.