The ManicaPost
Luthando Mapepa
Chipinge Correspondent
A CHIPINGE man’s bid to sell a family house and leave his three children homeless hit a snag after he failed to prove that he owns the property.
Jonathan Mucheto now faces a mammoth task of refunding a Chipinge businessman, Mr Gift Vumbu, who had bought the house for US$8 500.
Mucheto had sold the house to settle with his new lover following the death of his first wife.
The matter spilled into the courts after the new occupier served the Mucheto siblings — Gerald, Panashe and Nyasha — with an eviction notice.
However, the three siblings challenged the eviction, arguing that the house belonged to their late mother.
Chipinge magistrate, Mr Alfred Chinembiri presided over the matter, while Mr Benjamin Bhasikiti from Gwamanda Law Chambers represented the trio pro bono.
Mr Vumbu, through his attorney, Mr Admire Khumbula of Langton Mhungu Law Firm, said he fully paid for the house in ZBS section of Gaza suburb some years back.
Jonathan Mucheto
“The three siblings should have vacated the house by February 15 last year. Mucheto approached my client stating that he was facing financial problems and therefore he wanted to sell the property in question.
“He sold the house to my client for US$8 500 and this amount was paid in installments.
“However, the three siblings refused to vacate the house, indicating that it belonged to their late mother.
“We wrote to Chipinge Town Council for clarity and we were informed that Mucheto was the owner of the house,” said Mr Khumbula in his submissions.
However, Mr Chinembiri dismissed the eviction application, indicating that Mucheto had no right to sell the property as he had no legal documents to support that.
“Eviction proceedings may be instituted as soon as the owner or person in charge of the property realises that illegal occupation is taking place or as soon as it comes to his or her attention that some people are occupying his or her property,” said Mr Chinembiri.
In an interview with Weekender, Gerald said justice had prevailed at last.
“We are happy with the outcome. We were about to lose our mother’s property through our own father who wanted to reap where he did not sow. He only resurfaced after our mother’s death. We are not happy with our father’s actions, he wanted to sell the house for a song.
“One of my brothers has a disability and it was going to be a big blow to us if we had been evicted from that house. I thank God for this,” he said.
