Fights ex­ecu­tor over house, 18 years on

Sunday News (Zimbabwe) - - National News - Welling­ton Toni Sun­day News Cor­re­spon­dent

A ZIM­BAB­WEAN man based in South Africa is in­volved in a bit­ter, bruis­ing and pro­tracted bat­tle to claim pos­ses­sion of a house he bought in 1999 as the ex­ecu­tor of the es­tate con­tin­ues to frus­trate his ef­forts.

Mr Markion Nde­bele bought the house from the late Mr Josiah Bruce Gwizi but has, de­spite favourable rul­ings at the High Court and Supreme Court failed to lay hands on the ti­tle deeds and the prop­erty. Doc­u­ments in pos­ses­sion of Sun­day News show that Mr Nde­bele bought House No 2290 Nketa 8 for Z$170 000 and an agreement of sale was drafted at San­sole and Senda Le­gal Prac­ti­tion­ers be­fore Mr Trust Maz­ibuko was ap­pointed ex­ecu­tor of the es­tate.

Mr Gwizi’s wife, Mrs Petty Gwizi, named as the sec­ond re­spon­dent in the case, is also now late.

Mr Nde­bele, through his then lawyer Ad­vo­cate Ja­cob Mu­denda, now Speaker of Par­lia­ment, of T Hara and Part­ners at that time in 2008, ap­proached the High Court (case No H.C2051/06) and a judg­ment in his favour was passed on 17 July 2008.

Mr Maz­ibuko, through his lawyers Calder­wood Bryce Hen­drie and Part­ners ap­pealed against the judg­ment and the case was re­ferred to the Supreme Court (Civil Ap­pli­ca­tion No. SC 174/2008).

On 4 February 2009, the Supreme Court, cit­ing Mr Maz­ibuko in his ca­pac­ity as first ap­pli­cant and ex­ecu­tor of the es­tate, and Mrs Gwizi as sec­ond ap­pli­cant, again ruled in favour of Mr Nde­bele.

The case was heard by then Judge of Ap­peal Jus­tice Misheck Cheda in chambers and he or­dered that: “Where­upon, af­ter read­ing doc­u­ments filed of record and hear­ing coun­sel, it is or­dered that:

1. Ap­pli­ca­tion be and is hereby dis­missed. 2. The Ap­pli­cants are to pay costs on an At­tor­ney-Client scale.

Mr Nde­bele then pro­ceeded to is­sue an evic­tion or­der of the oc­cu­pants of the house but met stiff re­sis­tance with Mr Maz­ibuko say­ing in a let­ter dated 9 June, 2017 that Mr Nde­bele should with­draw his sum­mons or face costs on a puni­tive scale.

Mr Maz­ibuko claimed that Mr Nde­bele with­drew his sum­mons, an is­sue that he de­nies. The let­ter writ­ten by Mr Maz­ibuko on 9 June, 2017 reads: Ref: Your­self vs Trust Maz­ibuko and 4 ORS: Case No H.C 993/17.

“We re­fer to the above men­tioned mat­ter and wish to ad­vise that your Sum­mons and Dec­la­ra­tion are jum­bled and do not dis­close a cause of ac­tion. We are also sur­prised as to why you are is­su­ing Sum­mons when you had pre­vi­ously is­sued Sum­mons un­der Case No H.C 2024/2002 which you sub­se­quently with­drew on the 9th April 2013 af­ter we had a Round Ta­ble Con­fer­ence with your­self at your pre­vi­ous lawyer’s of­fices.

“It is our view there­fore that your sum­mons ac­tion is friv­o­lous and vex­a­tious.

“Fur­ther, and in any event, your claim if any ex­isted, would now have pre­scribed. In light of the above, we sug­gest that you with­draw the sum­mons with­out fur­ther ado to avoid in­cur­ring un­nec­es­sary le­gal costs.

“We con­firm that if you with­draw the sum­mons now, our clients will not in­sist on the wasted costs but, should you per­sist, costs will be sought on a puni­tive scale,” reads the let­ter.

The let­ter was copied to the Deputy Regis­trar of the High Court in Bu­l­awayo (Case No H.C 993/2017). Con­tacted for com­ment, Mr Nde­bele de­nied ever with­draw­ing the case.

“I did not with­draw the case and there is nowhere where I signed say­ing I was with­draw­ing. That is not true at all,” he said.

Newspapers in English

Newspapers from Zimbabwe

© PressReader. All rights reserved.