A Lusaka resident of Avondale who claims to have obtained a K420, 000 mortgage from the Revees Malambo’s Easy Cash Financial Services has sued the Revees Malambo Family Trust and Easy Cash Services Limited, the Attorney General and Commissioner of Lands for refusing to remove the caveat on her property despite confirmation from the deceased’s lawyers.
The applicant, Mary Chungu of plot No. 336 Poisentia Avenue in Avondale and registered proprietor of Subdivision 109 A of Farm 609, in her affidavit in support of summons has submitted that she entered into an agreement with Malambo where she obtained a mortgage in the said amount which she said was settled and her original certificate of title surrendered back.
However, Malambo forgot to withdraw the caveat placed on her property and subsequently died on January 29, 2017.
Chungu claims that efforts to have the said caveat removed by the Administrators of the Estate of Malambo have not yielded positive results.
She adds that both the Attorney General and the Commissioner of lands, who have been sued as third and fourth respondents respectively, have also allegedly refused to remove the said caveat despite confirmation from Malambo’s lawyers.
Chungu claims that the Respondents have no subsisting legal interest to maintain the caveat on the said property.
She is now seeking an order that the caveat registered over the property known as subdivision A of Farm 609 be removed forthwith.
The plaintiff is also seeking an order for compensation against the Respondents for maliciously failing to withdraw the caveat on her property.
Chungu is further claiming costs of this application to be in the cause and any other reliefs the court may deem fit.