Wife to former Cabinet minister the late Sidik Mia, Abida, has objected to claims on Sidik Mia’s estate being made by Fatra Mia, who claims to be Mia’s second wife.
In a notice of objection which The Daily Times has seen, Abida tells the court that she objects to Fatra bringing out the proceedings on her own behalf as Sidik Mia’s widow and on behalf of her child.
Abida claims that Fatra cannot claim to be a receiver of Sidik Mia’s estate because her wedding to Mia was not binding.
“The claimant was not at law married to the 1st Defendant’s late husband, Mahomed Sidik Mia, and cannot bring these proceedings on her own behalf as the second wife of the Mahomed Sidik Mia,” she says.
Abida also contends that, prior to taking out her application for interim reliefs, Fatra was never appointed litigation guardian of her child and has, therefore, no capacity to commence the present action and application.
In a sworn statement in support of the notice of the application, Abida claims that for a foreign marriage celebrated outside the country to be recognised as a valid marriage in Malawi, at least one of the parties to the marriage must be a foreigner and the said marriage must be valid under the laws of the country in which it was celebrated, which is not the case in Fatra and Sidik Mia’s case.
Skeleton arguments in support of Abida’s claims by her lawyer Frank Mbeta say Fatra’s application is abuse of court processes.
“This is an application in the form [of] raising of preliminary objection by the respondent for an order that the claimant’s application for interim reliefs, including the appointment of her as a receiver, be struck out for lack of jurisdiction and abuse of court process,” the arguments read.
Reports indicate that the Sidik Mia family offered her K150 million out of court, which she rejected.