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By Dickson Jere
A Zambian man working for the UN was posted to Congo Brazzaville. Whilst working there, he contracted another ‘marriage’ to Congolese woman in 1992. When his tour of duty ended, he returned to Zambia with the Congolese woman whom he lived with until his death. He had not divorced his first wife whom he married under statute.
However, while still alive, the Congolese woman looked after him – he had suffered two strokes – and generally she cared for him.
He, in the meantime, gifted his Congolese woman a mansion in Jesmondine and changed ownership to her name in 2004.
Sadly, the man passed, in 2012.
She was appointed Co-Administrator. However, the children of the deceased sued her, contending that she was not a ‘widow’ as their father was still validly married and never divorced his first wife. Simply, she cannot inherit from the estate, including the house, as she was also not Zambian, who can own land in her name.
On her part, she argued that she has been Resident in Zambia since 1993 and obtained citizenship in 2013. And that she was gifted the house by the deceased in 2004 and therefore the children should have challenged her within 12 years as per law.
The High Court Judge in 2020 – after hearing the case – ruled that the marriage between the Congolese and deceased was indeed void and that she was not a widow. However, the Judge indicated that she should be considered as a “dependent” of the deceased and not ‘widow’ who can inherit as such.
Dissatisfied, the children appealed to the Court of Appeal, which also ruled that the woman is owner of the house as it was gifted to her while the man was alive. It further said the action was also brought late – after 12 years period in land disputes – had expired.
Another appeal was launched.
So, the Supreme Court had last bite of this case. The Judges ruled thus;
“It is, in that regard, worthy of note, that the two cohabited for about twenty years from 1992 to 2012. The property was gifted ten years into cohabitation in 2004,” the Judges noted.
“…there is nothing on record to support the Appellants contention that that the deceased state of mind was questionable at the time he gifted the property to the Respondent, in 2004,” the Court said.
The Court observed that the deceased knew what he was doing even though he committed criminal offense of bigamy by contracting second marriage while still married to his Zambian wife.
The Supreme Court observed that the 12 year-period in which to bring the case started to count in 2004 and therefore the challenge by the children was late.
“That is the date that the cause of action accrued to the deceased and that time for bringing an action started to run,” the Court said, effectively giving the Congolese woman ownership of the house.
Case citation – Chama Chelemu and Others v Odile Loukombo – Appeal No. 294/2021 and judgment delivered this week on 19th August, 2025.
Lecture Notes;
1. This case underscores the point that land disputes should be filed in Court within 12 years after the dispute arose or they become statute-barred. See Limitation of Actions Act.
2. When property is transferred as a gift to someone while the initial owner is alive – after death, the property does not become part of the estate. The person who was given the gift keeps the house.
3. When one who is married under statute (ku civic center) marries another woman without divorcing first wife, he commits a criminal offence of bigamy. But most importantly, the second marriage is invalid at law.
Court Gives ‘Second Wife’ House

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