THREE siblings and their families were on Wednesday left homeless after they were kicked out of their late father’s Mutare house by the Messenger of Court after their older siblings’ allegedly forged their signatures and sold the property.
Patricia (31), Emmanuel (24) and Shylene Muchafuruka (18) are all contesting the selling of their late father, Mr Phineas Muchafuruka’s house in Chikanga Phase Three, Mutare.
They are alleging that their older siblings, Sandra and Artwell, forged their signatures and sold the property behind their backs.
The siblings received a final notice of ejectment on Tuesday and by 8am the following morning, the Messenger of Court was already removing their furniture from the property.
Scores of Chikanga residents protested against the Messenger of Court and his crew in a bid to stop them from evicting the Muchafuruka siblings.
However, this did not deter the crew from doing their job as they cleaned the house of every piece of furniture before locking the doors and leaving the house.
The notice of ejectment that was served to the siblings, which was addressed to one Talent and Simbarashe Muchafuruka, reads: “A warrant of execution/ejectment has been issued at the instance of Judgement Creditor. It will be in your interest to be present on November 10, in case of eviction for you to be able to take possession of your personal belongings. Should you fail to be present, we shall proceed to execute the ejectment Warrant in your absence.”
The late Muchafuruka passed on in 2006 and is survived by six children.
Sometime in June 2020, the siblings received a letter from the High Court appointed executioner, Bishop Jeremish Matenhese of Polka Executor Services, alerting them that the house had been sold to a Chipinge farmer, Mr Ernest Porusingazi. The letter ordered Emmanuel to vacate the premises.
“We wish to restate that the property being Stand Number 6931, Chikanga 3, Mutare, was sold to Mr E Porusingazi on the 23rd of January 2020.
“This position was officially communicated to all potential beneficiaries, including yourself, and you are advised to vacate this property. Please be advised to move out of the property as any further resistance will result in unnecessary costs which will be charged on your account,” reads the letter which was delivered to Emmanuel in June 2020.
Bishop Matenhese was appointed as the executor after Artwell had sold the house to a Tonderai Marange in 2008 without the consent of his then minor siblings.
After the younger siblings contested the sell in court, Marange was given back his money.
Sandra and Artwell then went on to allegedly forge the signatures of their siblings to sell the house again.
In an interview, Emmanuel said he does not know what to do as he has two children, a wife and a sister to take care of.
“We do not know what to do, as it is, we do not have any money to go and rent a room.
“We believe that corruption is playing out in this matter because the forgery matter is currently being dealt with at The High Court, yet a lesser court has already evicted us from the house. We appeal to anyone who can help us as we are already homeless. My children are too young to sleep in the open,” he said.
His sister Shylene chipped in: “Artwell has always been evil, he abused and ill-treated me when I was a minor. He even failed to send me to school and now he has sold the only place that we called home. Help us please, where shall we live? My brother’s child is only a few days old, this is not fair,” cried the young woman.
When contacted for comment, Porusingazi said he bought the house after he saw an advertisement in this publication on the deceased estate’s section.
He said he followed all the due processes to acquire the house.
“I saw an advertisement in The Manica Post sometime in 2019 and I approached the executor’s offices and it was confirmed that the house was up for sale.
“I waited for 30 days like it is required by the law for relatives with objections to approach the court, but noone objected. I paid the money to buy the house through the High Court’s accounts section,” he said.
Efforts to contact Artwell were fruitless as his siblings claimed that they do not know his whereabouts or contact details.