Application For Letters of Administration

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/
AT THE PRINCIPAL REGISTRY

HOLDEN AT LUSAKA
(Probate Jurisdiction)
IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

CHAPTER 59 OF THE LAWS OF ZAMBIA
AND
IN THE MATTER OF: AN APPLICATION FOR AN ORDER FOR LEAVE TO
OBTAIN LETTERS OF ADMINISTRATION
AND
IN THE MATTER OF: THE ESTATE OF THE LATE KABWE CHIKWATI WHO
DIED INTESTATE ON THE 25TH DAY OF OCTOBER, 2021
AND
IN THE MATTER OF: ORDER 30 RULE 12(g) OF THE HIGH COURT RULES
MARY CHIKWATI APPLICANT

(Suing as intended Administratrix of the Estate
Of the late KABWE CHIKWESA)
ORIGINATING SUMMONS
LET THE PARTIES concerned attend before the Honourable Mr/Mrs

Justice…………….…….in Chambers on the……day of…………..2021 at …………..hours
in the ……………………..noon or soon thereafter on the hearing of an Application on
the part of the Applicants for an Order granting the intended Administratrix of the
estate of the late KABWE CHIKWATI to obtain Letters of Administration on the reasons
stated in the Affidavit in Support thereof.
Dated at Lusaka this…………………….day of……………………………..2021
This Summons was taken out by IQBAL AKUBAT whose postal address for service is
as above, Lusaka whose physical address Plot 20 Lukoma Close Emmasdale, Lusaka.
NOTES
1. If the Respondent does now enter appearance within the time and at the place
above mentioned such order will be made and proceedings may be taken as
the Judge may think just and expedient.
2. A person appearing personally may, if he desire, enter his appearance by post
and the appropriate forms may be obtained from any High Court Registry or
from any Subordinate Court office. The forms, when completed, should be
sent in triplicate by registered letter addressed to The Registrar, P. O. Box
50067, Lusaka, so as to reach him within the time stated above.
*Here insert both actual and postal address

HOLDEN AT LUSAKA

AND
AND
IN THE MATTER OF: THE ESTATE OF THE LATE KABWE CHIKWATI, WHO
DIED INTESTATE ON THE 25TH DAY OF OCTOBER, 2021
AND
MARY CHIKWATI APPLICANT

(Suing as intended Administrator of the Estate
Of the late KABWE CHIKWESA )
ORIGINATING SUMMONS
Per :
Mary Chikwesa
Plot No. 20
Kabulonga Road
LUSAKA

HOLDEN AT LUSAKA

AND
AND
IN THE MATTER OF: THE ESTATE OF THE LATE KABWE CHIKWESA, WHO
DIED INTESTATE ON 25TH DAY OF OCTOBER, 2021
AND
MARY CHIKWESA APPLICANT

AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, MARY CHIKWESA of Plot No. 20 Kabulonga Road in the District and Province of
Lusaka of the Republic of Zambia DO hereby make OATH and SAY as follows:
1. That my names and residential address are as stated above.

2. That I am a Zambian national .
3. That I am the Applicant herein and thus I am duly authorized to swear this
affidavit from facts within my knowledge.
4. That the late KABWE CHIKWESA died on the 25h October, 2021 at the
University Teaching Hospital (UTH) now produced and shown to me
collectively marked “MC 1” is the death certificate death, burial permit and
national registration card (NRC) .
5. That at a time of his demise the deceased was married to TAMIKA TEMBO
CHIKWESA and he is survived by eight adult (8) children namely:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
6. That I am the 1st born daughter of the deceased. Now produced and shown to me
marked “MC 2” is a copy of my National Registration Card.
7. That applicant and was chosen by the family members after holding a successful
family meeting. Now produced and shown to me marked “MC 3”is the copy of
the minutes of the said meeting.
8. That the deceased left behind the following properties whose inventory is further
marked herein as “MC 4”.
i)Residential property Plot 88 D Lukoma close Emmasdale
ii) Residential property Plot 711/B/A Emmasdale
iii)Residential property Stand N0. 345 Chongwe
9. That no one will be prejudiced by the grant of the letters of administration to

myself.
10. That I depose to the above stated facts knowing and believing the same to be true
and correct to the best of my knowledge and belief.
Sworn by the said )

MARY CHIKWESA )
At Lusaka this……day ) _____________________
Of……………..2022 DEPONENT
BEFORE ME:………………………………………….
COMMISSIONER FOR OATHS

HOLDEN AT LUSAKA

AND
AND
AND

AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
Per :
Mary Chikwesa
Plot No. 20
Kabulonga Road
LUSAKA

HOLDEN AT LUSAKA

AND
AND
IN THE MATTER OF: THE ESTATE OF THE LATE KABWE CHIKWESA,
WHO DIED INTESTATE ON 25TH DAY OF OCTOBER,
2021
AND

CERTIFICATE OF EXHIBIT
These are the exhibits marked”MC1”to “MC4“referred to in the Affidavit sworn by

MARY KABWE filed herein.
Dated at Lusaka this…………………day of………………………………..2021
Before me: …………………………………………..


HOLDEN AT LUSAKA

AND
AND
IN THE MATTER OF: THE ESTATE OF THE LATE KABWE CHIKWESA WHO
AND

ORDER
UPON HEARING the Affidavit filed in Support of the application deposed to by

MARY CHIKWESA herein.
IT IS HEREBY ORDERED that leave to obtain Letters of Administration BE and IS

hereby granted.
Dated at Lusaka this………………….day of……………………………………………2021.
……………………………………
HIGH COURT JUDGE
Per :
Iqbal Akubat
Plot 20 Kabulonga Road
LUSAKA

HOLDEN AT LUSAKA

AND
AND
AND

ORDER
Per :
Mary Chikwesa
Plot 20
Kabulonga Road
LUSAKA

HOLDEN AT LUSAKA

AND
IN THE MATTER OF: THE ESTATE OF THE LATE KABWE CHIKWESA
IN THE MATTER OF: THE APPOINTMENT OF KABWE CHIKWESA
AS ADMINISTRATRIX OF THE ESTATE OF THE LATE
KABWE CHIKWESA
OATH OF THE INTENDED ADMINISTRATOR
I MARY CHIKWESA of Plot 20 Kabulonga Road in the Lusaka province of the

Republic of Zambia do MAKE OATH and SAY that formerly of Plot 21 E Kabulonga
Road in the District and Province of Lusaka of the Republic of Zambia died intestate on
the 18th day of June, 2021 in Lusaka in the Lusaka Province of the Republic of Zambia.
That there are no minority interest that arises under the intestacy that the intended
administrator of the late KABWE CHIKWESA that I intend to administer.
AND that I will administer all the estate by law devolves and in the personal
representation of the said deceased’s estate, and will exhibit a true and perfect
inventory of the estate and a just and true account thereof when required by law to do
so AND that at the time of his death the deceased had a fixed place at Plot No. 21
Kabulonga Road Emmasdale in the Lusaka District in the Lusaka Province of the
Republic of Zambia and the Intended Administrator is within the jurisdiction of the
Court that the gross estimated value of the said estate is Twelve Million Kwacha.(12,
000.000.00 Kwacha).
SWORN by the said )

MARY CHIKWESA at ) ………………………………………
Lusaka this …………. ) DEPONENT
day of……………2021 )
BEFORE ME:……………………………………….
HOLDEN AT LUSAKA

AND
IN THE MATTER OF: THE APPOINTMENT OF MARY CHIKWESA AS
ADMINISTRATRIX OF THE ESTATE OF THE LATE
KABWE CHIKWESA
OATH OF THE INTENDED ADMINISTRATOR
Per :
Mary Chikwesa
Plot 20
Kabulonga Road
LUSAKA

HOLDEN AT LUSAKA

AND
IN THE MATTER OF: THE APPOINTMENT OF KABWE CHIKWESA AS
KABWE CHIKWESA
INTENDED ADMINISTRATOR’S BOND
KNOW ALL MEN BY THESE PRESENTS that I MARY CHIKWESA of Plot 20

Kabulonga Road, in the Lusaka District and Province of Lusaka of the Republic of
Zambia being the would be lawful appointed Administrator of the deceased named
herein of Plot 20 E Kabulonga in the Lusaka District and Province of Lusaka of the
Republic of Zambia we are bound unto the Court in the sum of ZMW260.00 for the
payment of which we are bond ourselves.
Dated at Lusaka this …………………………..day of……………………………………2021
The Condition and Obligation is such that we said Intended Administrator as personal
representative of the estate of KABWE CHIKWESA, deceased who died on 25th
Day of October, 2021 in Lusaka District of the Republic of Zambia and the Intended
Administrator of the said estate which by law devolves to vests in the personal
representative of the said deceased do, when lawfully called on in that behalf, make or
cause to be made a true and perfect inventory of the said estate which has or shall come
to the hands, possession or knowledge of the said intended Administratrix and to
exhibit the said inventory of cause to be exhibited in the family and children’s division
Registry when required by law to do so;
AND DO WELL and truly Administer the said estate according to law AND
FURTHER do make or cause to be made a true and just account of the Administration
of the said estate whenever required by law to do so.
AND FURTHER do if so required to render and deliver up the Letters of

Administration in the High Court if it shall hereafter appear that the intended
Administrator have acted in contravention of the Intestate Succession Act Chapter 59 of
the Laws of Zambia which provided that such Letters of Administration be allowed and
approved accordingly.
THEN this obligation shall be void and of no effect but shall otherwise remain in full
force and effect.
SWORN by the said )

MARY CHIKWESA ) ………………………..
At Lusaka )
This day of 2021 )
BEFORE ME:…………………………………………

HOLDEN AT LUSAKA

AND
ADMINISTRATRIX OF THE ESTATE OF THE KABWE
CHIKWESA
INTENDED ADMINISTRATOR’S BOND
Per :
Mary Chikwesa
Plot 20
Kabulonga Road
LUSAKA

HOLDEN AT LUSAKA

AND
KABWE CHIKWESA
DECLARATION OF THE DECEASED’S ESTATE
I, MARY CHIKWESA of Plot 20 , Kabulonga Road, in the Lusaka District of the Lusaka
Province of the Republic of Zambia; DO HEREBY DECLARE as follows:
1. That my full names and residential address are as stated above.

2. That I am a Zambian national .
3. That I am the intended administrator of the estate of the late KABWE
CHIKWESA, who died in Lusaka on the 25th day of October, 2021.
4. That I am the 1st born daughter of the late KABWE CHIKWESA (herein referred
to as the deceased).
5. That the deceased died on the 25th day of October, 2021, at the University
Teaching Hospital(UTH)in Lusaka in the Republic of Zambia and the family held
a meeting and appointed me as administrators of the estate of the late.
6. That the current value of the estate of the deceased exceeds ZMW10,000,000
hence the need to obtain a grant of Letters of Administration from the High
Court.
7. That at the time of his death, the deceased was domiciled in Zambia and fixed
abode at Plot 20 E Kabulonga Road, Lusaka.
8. That at a time of the demise of the late KABWE CHIKWESA there were no
mortgages, debts or credits known to me or brought to my attention.
9. That I depose the contents of this my Affidavit believing the same to be correct to
the best of my knowledge and information.
SWORN by the said )

MARY CHIKWESA ) ……………………………….
At Lusaka )
This day of 2022 )
BEFORE ME:…………………………………………

HOLDEN AT LUSAKA

AND

ADMINISTRATOR OF THE ESTATE OF THE KABWE
CHIKWESA
DECLARATION OF DECEASED’S ESTATE
Per :
Mary Chikwesa
Plot 20
Kabulonga Road
LUSAKA
2022/HPF/P
THE REPUBLIC OF ZAMBIA

FEE SHEET
MARY KABWE
Of Plot No. 20
Kabulonga Road
Lusaka
ZAMBIA
TO: THE REGISTRAR
(FAMILY REGISTRY)
High Court of Zambia
Principal Registry
P. O. Box 50067
Lusaka
Dear Sir
RE: EXTRACTION OF LETTERS OF ADMINISTRATION FEES – ESTATE OF

THE LATE KABWE CHIKWESA
The attached application is forwarded for necessary action. We attach hereto the
requisite fee in the sum of Kwacha Two Hundred and Sixty (K260.00) made up as
follows:
On grant of Probate = K260.00
Enclosed herewith is the Declaration.
The Letters of Administration should be forwarded to the undersigned.
Yours faithfully
MARY CHIKWESA
Of Plot 20 Kabulonga Road, Lusaka
MINUTES FOR THE MEETING HELD ON 1 ST NOVEMBER 2021AT 15:00HRS IN

LUSAKA PROVINCE FOR CHOOSING ADMINISTRATORS FOR THE ESTATE
OF THE DECEASED KABWE CHIKWESA WHO PASSED AWAY ON 25 TH
OCTOBER, 2021
1. MEMBERS WHO ATTENDED THE MEETING
i) Mary Kabwe Chairperson

ii) Sylvia Kabwe
iii) Clement Phiri
iv) Judy Kabwe
v) Kalenga Kabwe Secretary
2. OPENING PRAYER
Prior to the commencement of the meeting, a prayer was offered by Clement
Phiri.
3. OPENING REMARKS
The Chairperson welcomed the family members and informed them that the
meeting was called in order to recommend names to the High Court for
appointment as Administrator for the assets of the late KABWE CHIKWESA
who passed on 25th October, 2021 at Plot 20 Kabulonga Road Lusaka. She
explained that the law provides for beneficiaries to have a share of the estate as
follows:
 Parents 20%
 Widow 20%
 Children 50%
 Dependants 10%
He further explained that the role of the Administrator was to coordinate all the
assets and ensure that interests of all beneficiaries are protected. He encouraged
the family members to appoint persons who are honesty and with sober
character to take up this role.
4. RESOLUTIONS FOR PERSONS APPOINTED AS ADMINISTRATOR
After deliberations the resolutions of the meeting was that MARY CHIKWESA
be appointed as Administrator of the estate of the late KABWE CHIKWESA
5. CONCLUSION
There being no any other business, the meeting was declared officially closed at
17:00 hours.
NAME:………………………………….…..
SIGNED SECRETARY:……………………
NAME:………………………………………
CHAIRPERSON SIGNED:…………………
IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P

HOLDEN AT LUSAKA.
AND

ADMINISTRATRIX AND ADMINISTRATRIX OF THE
ESTATE OF THE LATE KABWE CHIKWESA
LIST OF AUTHORITIES AND HEADS OF ARGUMENTS

MAY IT PLEASE THIS HONOURABLE COURT, this is the Applicant’s List of
Authorities and Skeleton Arguments in support of an application for an order for letters
of administration in relation to the estate of the late KABWE CHIKWESA.
Statutes Cited
Intestate Succession Act, Chapter 59 of the Laws of Zambia.
The High Court Act, Chapter 27 of the Laws of Zambia. .
Cases Cited
Charity Opaoracha vs Winfrida Murambiwa (2004) Z.R.141 (S.C)
Arguments
MY LORD/MY LADY, this action is commenced by way of Originating Summons
supported by an Affidavit and is made pursuant to Order 30 Rule 11 (f) and Section
15(1) of the Intestate Succession Act.
Order 30 Rule 11(f) provides that,
“The business to be disposed of in chambers shall consist of the following matters which
under any other rule or by statute or by the law and practice for the time being observed
in England and applicable to Zambia may be disposed of in chambers:
(f) Applications connected with the management of property.”
MY LORD/MYLADY, the applicant has commenced process as intended administrator

of the estate of the late KABWE CHIKWESA who died intestate on 25th October, 2021
survived by one spouse and 8 adult children. The estate of the late KABWE
CHIKWESA consists of:
i) Plot 88 d Lukoma Close Emmasdale Lusaka
ii) Plot 711/B/8 Emmasdale Lusaka
iii) Stand No. 345
MY LORD/MYLADY, section 15(1) of the Intestate Succession Act states that:

“Where the deceased has died intestate the court may, on the application of any interested
person, grant letters of administration of the estate to that interested person.”
MY LORD/MY LADY, the applicant is a person who has an interest in the estate of the
deceased. The applicant is the second born daughter of the late KABWE CHIKWESA
MYLORD/MY LADY, Section 43(2) of the Intestate Succession Act states that, “a local
court shall have and may exercise jurisdiction in matters relating to succession if the value of the
estate does not exceed fifty thousand kwacha.”
In the case of Charity Oparaocha Vs Winfrida Murambiwa, the Supreme Court held
that “section 43(2) of the Intestate Succession Act limits the jurisdiction of local courts in
matters of succession in estates whose value do not exceed fifty thousand kwacha’’.
The estate of the deceased consists of property whose value is above fifty thousand
kwacha and hence this application before this Honourable court as the proper court to
issue letters of administration to the applicants.
MY LORD/MYLADY, we submit that the court grants our application for an order for
letters of administration.
I humbly submit.
Dated the ___________________ day of ____________________ 2022.
Per:
MARY CHIKWESA
Plot No. 20
Kabulonga Road
LUSAKA
IN THE HIGH COURT OF ZAMBIA 2022HPF/P/

AT LUSAKA

AND

KABWE CHIKWESA
LIST OF AUTHORITIES AND SKELETON ARGUMENTS
Per : Mary Chikwesa
Plot No. 20
Kabulonga Road
LUSAKA
REPUBLIC OF ZAMBIA
LODGEMENT SCHEDULE
MARY CHIKWESA
Plot No. 20 Kabulonga
Road
LUSAKA
TO: The Registrar

Family Registry
High Court of Zambia
Principal Registry
P O Box 50067
LUSAKA
Dear Sir/Madam,
Estate of the Late KABWE CHIKWESA(deceased). The documents listed below are
forwarded for lodgment for grant of probate which is to be forwarded to MARY
CHIKWESA of Plot No. 20 Kabulonga Road, Lusaka, of Lusaka District, Lusaka
Province of the Republic of Zambia.
List of documents:
i) Letters of Administration
ii) Oath of the Intended Administrators
iii) Intended Administrators Bond
iv) Declaration of the deceased Estate
v) Fee Sheet
vi) Medical Certificate of the Cause of Death
vii) Burial Permit
viii) Copies of the National Registration Cards.
Yours faithfully,
MARY CHIKWESA

HOLDEN AT LUSAKA

AND
AND
AND
Of the late KABWE CHIKWESA )
INVENTORY OF THE DECEASED
The deceased KABWE CHIKWESA left behind properties;
i) Plot 88 Kabulonga Road, Lusaka- K3, 500.00.00
ii) Plot 711/B/8 Emmasdale Lusaka-K3,000,000.00
iii) Stand No. 345 Chongwe-K5,000,000.00

Application For Letters of Administration

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Application For Letters of Administration

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IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

AT THE PRINCIPAL REGISTRY

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

MARY CHIKWATI APPLICANT

LET THE PARTIES concerned attend before the Honourable Mr/Mrs

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

MARY CHIKWATI APPLICANT

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

MARY CHIKWESA APPLICANT

1. That my names and residential address are as stated above.

9. That no one will be prejudiced by the grant of the letters of administration to

Sworn by the said )

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

MARY CHIKWESA APPLICANT

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

MARY CHIKWESA APPLICANT

These are the exhibits marked”MC1”to “MC4“referred to in the Affidavit sworn by

Dated at Lusaka this…………………day of………………………………..2021

Before me: …………………………………………..

IN THE HIGH COURT FOR ZAMBIA 2021/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

MARY CHIKWESA APPLICANT

UPON HEARING the Affidavit filed in Support of the application deposed to by

IT IS HEREBY ORDERED that leave to obtain Letters of Administration BE and IS

Dated at Lusaka this………………….day of……………………………………………2021.

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

MARY CHIKWESA APPLICANT

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

OATH OF THE INTENDED ADMINISTRATOR

I MARY CHIKWESA of Plot 20 Kabulonga Road in the Lusaka province of the

SWORN by the said )

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

INTENDED ADMINISTRATOR’S BOND

KNOW ALL MEN BY THESE PRESENTS that I MARY CHIKWESA of Plot 20

Dated at Lusaka this …………………………..day of……………………………………2021

AND FURTHER do if so required to render and deliver up the Letters of

SWORN by the said )

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

INTENDED ADMINISTRATOR’S BOND

IN THE HIGH COURT FOR ZAMBIA 2021/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

DECLARATION OF THE DECEASED’S ESTATE

1. That my full names and residential address are as stated above.

SWORN by the said )

IN THE HIGH COURT FOR ZAMBIA 2022/HPF/P/

IN THE MATTER OF: SECTION 15(1) OF THE INTESTATE SUCCESSION ACT

IN THE MATTER OF: THE APPOINTMENT OF MARY CHIKWESA AS

THE REPUBLIC OF ZAMBIA

RE: EXTRACTION OF LETTERS OF ADMINISTRATION FEES – ESTATE OF

On grant of Probate = K260.00

Enclosed herewith is the Declaration.

The Letters of Administration should be forwarded to the undersigned.

MINUTES FOR THE MEETING HELD ON 1 ST NOVEMBER 2021AT 15:00HRS IN

Dated the _ day of __ 2022.