The Lusaka High Court has allowed administrators to Victoria Kalima’s estate to sale part of the former gender minister’s personal properties on plots 18160 /M, 18159/M and 11926/M/9 to raise money for paying off debts left by the deceased.
Judge Annie Sharpie-Phiri allowed the two administrators, Mutiyo and Alice, who are the sisters to the deceased, to sell part of the property left behind by Kalima who was also Kasenengwa member of parliament.
But the Court refused to grant them an application to sell one of the properties on stand No. LN- 37087/90, Lusaka, because there was no conclusive evidence of its ownership by the deceased.
The court said it had found as evident that the deceased and now her estate, together with the two minor beneficiaries, had legitimate interest in the financial and corporate affairs of plant Agrichem Services Limited who stood to lose if the debts of the company were not settled.
“For the above reasons, I do agree with the applicants that selling off the deceased’s personal assets in order to pay off the debts of the company is necessary,” judge Phiri ruled.
She said the Administrators should endeavor to secure the best possible price in order to liquidate debts of Plant Agrichem Services Limited and thereafter render an account to the estate of the deceased within 30 days after completion of every respective transaction of the properties mentioned.
The court has also found that the evidence further shows that the deceased personally offered herself as guarantor for various debts of the company, adding that her two minor children are also the only beneficiaries in her estate as deposed by the applicants.
In their application for authority to sell properties forming part of the deceased, Kalima’s sisters indicated that it had become necessary and desirable to sell the since their sister had amassed some debts which they feel duty bound, as administrators, to pay back paid back.
The deceased was survived by two children aged between 12 and 23 who are the lawful beneficiaries of the estate and have also been consulted over the desirability to sell the properties.
It has been submitted that the deceased died intestate (without a will).