77-year-old ‘small house’ faces eviction

A77-year-old Dangamvura woman is embroiled in a legal wrangle with her stepson who wants to kick her out of the house which has been her home for the past 37 years.

Gogo Esther Nikatope argues that as her late husband’s surviving spouse, she owns the property.

Her husband, Emmanuel Abraham, passed away in 1996, and left her occupying the house which was under Mutare City Council’s rent to buy scheme.

Her stepson, Charles Shava, whose existence was allegedly unknown to Gogo Nikatope during the course of her relationship with Abraham, is alleged to have surfaced in 2022 to claim ownership of the house.

He argues that the house is his inheritance.

In an unsolicited emotional interview with The Manica Post on Tuesday, Gogo Nikatope said she is devastated by Shava’s efforts to evict her.

“I was with my late husband since 1986 until his death in 1996. During the course of our marriage, he never told me that he had another family.

“This man who is now trying to evict me never set foot at my late husband’s funeral.

“My husband never listed any children as beneficiaries of his estate,” said the elderly woman.

Gogo Nikatope said she was shocked to hear about the house’s change of ownership through the grapevine.

“They claim that the matter was dealt with at the High Court after we were served with summons. But I never received any summons. I have nowhere to go because this has been my home for the past 37 years. Charles wants me out despite my advanced age,” she cried.

Gogo Nikatope said after her husband’s death, she has cleared all the debts that had accrued on the property and registered the house in her name.

“The house was on the verge of being repossessed by Mutare City Council as it was under the rent to buy scheme. For years it was accruing debts. Maybe I should have let the council repossess it as someone else is now claiming its ownership,” she said.

The matter is being heard by Mutare magistrate, Ms Purity Gumbo, who adjourned it to yesterday (Thursday).

Shava is the applicant and wants Gogo Nikatope evicted from the house.

The elderly woman is being represented by Mutare lawyer, Mr Chris Ndlovu of Gonese and Ndlovu Legal Practitioners.

In his application, Shava claimed that Gogo Nikatope and her daughter, Lydia Majere, wilfully deceived the court by claiming that she was his late father’s only surviving spouse and that he had no children.

He alleges that Gogo Nikatope was only co-habiting with his late father and never got married to him.

Shava’s court papers read: “Nikatope co-habited with my father until his death in 1996, but they were never legally married. In 2001, she registered his estate as his widow with the help of Lydia and took ownership of the house.

“She did not disclose that my father had children from a previous relationship who were entitled to benefit from his estate. The truth was later revealed and a criminal complaint was filed against Nikatope and Majere.

“They were convicted at Mutare Magistrates’ Court where they received non-custodial sentences.”

In his application, Shava asked for the eviction of Nikatope, her daughter and anyone else who might be residing at the house in question.

“They should pay the sum of US$70 every month from the date the application was made to the date that they will vacate the premises,” Shava’s papers propose.

In May, Shava took the matter to Mutare High Court where it was declared that the registration and subsequent distribution of the late Abraham’s property was null and void.

Reads the High Court order: “The registration of the estate of the late Abraham, registered under DRMT 282/01, was fraudulently done in that Nikatope and her daughter, Majere, misrepresented that Nikatope was a surviving spouse to the deceased and that the deceased had no children.

“The estate of the late Abraham shall be re-registered and the property distributed as if the estate was never registered. The cessation of rights from the name of the late Abraham into Nikatope’s name is set aside and the property shall revert into the name of the late Abraham.”