News / Local
Dube and Mujuru in wrangle over Makokoba flat
30 Dec 2011 at 23:03hrs | Views
TWO families sharing a flat in Makokoba suburb of Bulawayo are locked in a wrangle over the flat, which they both claim is theirs after inheriting it from their parents.
The two feuding parties, Mr Lovu Dube and Mr Luckson Mujuru and their respective families live at 42041/1 Mabusela Flats in Makokoba.
Luckson's parents and Mr Dube had been allocated the flat about 40 years ago by the Bulawayo City Council after entering into a long lease agreement expiring in 2044.
The flat has two rooms and they share a room each while both share the kitchen and toilet.
The misunderstanding started after the death of Mr Mujuru's father, Fulton in 1994.
In 2007, the BCC converted ownership from Mr Mujuru's family to Mr Dube.
According to a letter written to the provincial magistrate and signed by the director of Housing and Community Services, Mr Isaiah Magagula, and dated 15 February this year, Mr Dube and Mr Mujuru's parents originally shared the flat.
When Mr Mujuru's father died, his wife was allocated to share the flat with Mr Dube in September 1994.
On 1 July 2007, the council converted the lease of the flat to be owned by Mr Dube arguing that Mrs Mujuru was not physically occupying the flat.
However, according to the letter the conversion process was flawed as BCC proved that the couple's children had been staying in the house.
The BCC decided to allow the two families to live together and the council promised to look for alternative accommodation for the Mujuru family in Makokoba within a period of six months.
Mr Dube has since sought legal intervention to evict Mr Mujuru and his family from the flat and take over ownership.
Mr Dube approached the Legal Resources Foundation seeking an eviction order in February this year.
After hearing the case the Small Claims Court, ruled in favour of Mr Mujuru, that he continues staying at the house on the grounds that Mr Dube had no documentation from the council to support his argument that the house belonged to him.
Mr Dube was further ordered not to interfere with the Mujuru family.
Mr Dube, feeling short-changed, approached the High Court where the case was referred back to the lower court.
However, in a turn of events, the BCC Housing Department on 14 December ruled that Mrs Esther Mujuru (Mr Mujuru's mother) was on a rented council property on a month-to-month tenancy and as such the property could not be part of the deceased estate.
This ruling by council has left Mr Mujuru in a dilemma, as he cannot claim the house as part of his parents' estate.
"Everyday we are told that this is not our home and that we should go to Harare. We are living in fear," he said.
Mr Mujuru said he wanted the issue to be resolved by the highest office because he feels cheated by the city council.
"It is painful to note that we are going to be evicted from the house we have lived in for so long," he said.
The two feuding parties, Mr Lovu Dube and Mr Luckson Mujuru and their respective families live at 42041/1 Mabusela Flats in Makokoba.
Luckson's parents and Mr Dube had been allocated the flat about 40 years ago by the Bulawayo City Council after entering into a long lease agreement expiring in 2044.
The flat has two rooms and they share a room each while both share the kitchen and toilet.
The misunderstanding started after the death of Mr Mujuru's father, Fulton in 1994.
In 2007, the BCC converted ownership from Mr Mujuru's family to Mr Dube.
According to a letter written to the provincial magistrate and signed by the director of Housing and Community Services, Mr Isaiah Magagula, and dated 15 February this year, Mr Dube and Mr Mujuru's parents originally shared the flat.
When Mr Mujuru's father died, his wife was allocated to share the flat with Mr Dube in September 1994.
On 1 July 2007, the council converted the lease of the flat to be owned by Mr Dube arguing that Mrs Mujuru was not physically occupying the flat.
However, according to the letter the conversion process was flawed as BCC proved that the couple's children had been staying in the house.
The BCC decided to allow the two families to live together and the council promised to look for alternative accommodation for the Mujuru family in Makokoba within a period of six months.
Mr Dube has since sought legal intervention to evict Mr Mujuru and his family from the flat and take over ownership.
Mr Dube approached the Legal Resources Foundation seeking an eviction order in February this year.
After hearing the case the Small Claims Court, ruled in favour of Mr Mujuru, that he continues staying at the house on the grounds that Mr Dube had no documentation from the council to support his argument that the house belonged to him.
Mr Dube was further ordered not to interfere with the Mujuru family.
Mr Dube, feeling short-changed, approached the High Court where the case was referred back to the lower court.
However, in a turn of events, the BCC Housing Department on 14 December ruled that Mrs Esther Mujuru (Mr Mujuru's mother) was on a rented council property on a month-to-month tenancy and as such the property could not be part of the deceased estate.
This ruling by council has left Mr Mujuru in a dilemma, as he cannot claim the house as part of his parents' estate.
"Everyday we are told that this is not our home and that we should go to Harare. We are living in fear," he said.
Mr Mujuru said he wanted the issue to be resolved by the highest office because he feels cheated by the city council.
"It is painful to note that we are going to be evicted from the house we have lived in for so long," he said.
Source - chronicle
