Africa-Press – Zambia. Lt.Gen Andrew Sakala was well known pilot and former Zambia Air Force (ZAF) Commander. He passed on in December 2022 without leaving any Last Will & Testament. He left a property in Chilanga, which was registered jointly in his name and his wife Nestor Magaya Mambo. So, when he died, the property remained with his wife. But as fate has it, she also passed on in March 2024.
Then one of the purported child of the late Gen Sakala – from his first marriage – applied to Court and was appointed Administrator of the estate. It was her contention that the property reverted to the children upon death of the widow who had remained in the house by virtue of having a life interest. Simply, she was entitled to the house as one of the children of the late Lt. Gen.
The appointment of the Administrator was then challenged in the High Court by one of the children of the late Lt. Gen Sakala and late Nester Mambo. He argued that when Gen Sakala died, the ownership of the property passed to the surviving spouse under the doctrine of “right of survivorship”. She became the absolute owner.
The High Court Judge heard the parties and looked at the Certificate of Title, which, showed that both late Gen Sakala and his wife names were on title as owners. However, the title did not mention what sort of tenancy they had and therefore the law presumed it to be joint tenancy when it is silence.
The Judge then adjudged thus;
“…the deceased’s interest in joint property terminates immediately at death and vests wholly in the surviving joint tenant, thus Stand 226 did not form part of Lt.Gen Sakala’s estate at the time of his death,” the Judged said.
“It vested exclusively in Nester Magaya Mambo,” the Court ruled.
The Court further explained that when the widow of Gen Sakala died, that property became part of her estate away from the late husband property and therefore only her children or dependants could benefit.
“The Respondent is not a child of Nester Magaya Mambo, she was not adopted, was not a dependent; and has provided no evidence of contribution giving rise to a constructive or resulting trust,” the Judge observed.
The Court proceeded and revoked the appointment of Administrator of the purported child saying only children of the deceased widow can inherit the property. The court also ordered that all rentals collected thus far must be accounted for and given the actual beneficiaries.
“Justice accordingly requires revocation and proper administration by a person with lawful standing,” the Judge said.
Case citation – Christopher Magaya Sakala v Ethel Sakala – 2024/HPF/998 and Judgement delivered last week Friday.
Lecture Notes;
1. This is very important case that explains what happens when one died in case where property is joint owned. The one who survives the other automatically becomes the owner absolutely. But this only applies in joint tenancy.
2. Sometimes two names can be in the title but the two are merely tenants in common. This means each person share in the property is known. In this case, when one died, his share will be subject for inheritance. So, always pay attention to the type of tenancy you have with your spouse or indeed friends.
3. Another important aspect is for parents to make sure that they adopt stepchildren formally if they want them to inherit. Had this girl been adopted, she would have benefited from the estate of the late stepmother.
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