By DELPHINE ZULU –
THE Ministry of Lands acting Chief Registrar of Lands and Deeds has cancelled the certificate of title issued to late President Frederick Chiluba because it excluded the late President’s biological children.
Ms Agatha Banda cancelled the title on grounds that it was erroneously issued in relation to property number F/4301/203.
According to the letter of cancellation, the Act Regina used to transfer the property clearly showed that the property was expected to be held jointly.
Regina registered a deed of transfer to acquire the property in her capacity as a widow pursuant to the Benefits of Former Presidents Act by the State and that through the Office of the Commissioner of Lands, a direct lease should have then been issued to her jointly with Dr Chiluba’s children a required by law.
This has forced late Regina Chiluba’s administrator to appeal in the Lusaka High Court against the decision of the acting Chief Registrar so that Chiluba’s children could be included as they were omitted.
Regina’s daughter Bwalya Mwanza submitted that the acting Chief Registrar erred in law and fact when she employed Section 11 (1) of the Lands and Deeds registry act to determine a dispute that affects the rights of contending parties to the property known as F/4301/203.
Mwanza said the Chief Registrar erred in law and fact when she cancelled the certificate of title issued to Regina on grounds that it was erroneously issued as she could have guided the interested parties.