Daughter wins lawsuit against mother
Published On March 27, 2016 » 1566 Views» By Davies M.M Chanda » Latest News
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By PERPETUAL SICHIKWENKWE –
THE Lusaka High Court has restrained the mother of a visually impaired woman on ownership of a house built for her by the Habitat for Humanity.
Hilda Mwanza sued her mother Mary Mwanza challenging the agreement that was purportedly entered into between the two of them on May 11, 2008.
She wanted a declaration that she was the rightful owner of the house plot number 20, Habitat for Humanity Tiyende Pamodzi affiliate in Lusaka.
Hilda told the court that she did not want her mother near her, because she was fond of beating and abusing her together with her husband.
In January, 2004, she entered into a house purchase contract with Habitat for Humanity, a registered non-profit making organisation.
In July, 2008, after she complied with the terms of the house purchase, Habitat transferred ownership of the house into her name.
Hilda told the court that when she learnt about the Habitat project, she informed her mother who was then staying with her step father in Ng’ombe Township but she disapproved of it.
She, however, continued to attend project meetings secretly until the initial agreement was fulfilled.
Hilda said she, with her mother and step father, moved into the Habitat house to pave way for the renovation of their house in Ng’ombe.
But in 2014, she got married to Nervey Nzima a business executive and together, they continued to discharge their indebtedness to Habitat.
She said problems surfaced when her mother restricted her and her husband to the use of one bedroom, while her mother together with her step father, took the other bedroom kitchen and sitting room.
When Hilda protested, her mother would beat her together with her husband and threatened to evict them.
In passing the verdict, Judge Isaac Chali agreed with Hilda and that she did not freely sign the document allowing the mother to build another house within her yard, because of the way the two treated each other.
Mr Justice Chali nullified the May 11, 2008 agreement and declared Hilda the rightful legal owner of the property.
He restrained Mary from moving into or developing any part of the plot.

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