News / Local
MDC-T MP in $14 000 house wrangle
04 Apr 2013 at 05:34hrs | Views
THE case of Mpopoma-Pelandaba MP Samuel Sandla Khumalo (MDC-T) in which he is being sued for over $14 000 by a Bulawayo woman for allegedly refusing to vacate a house sold to the latter by the legislator's late mother 12 years ago has been set for trial at the Bulawayo High Court.
The woman, Nozizwe Ncube, in her summons at the Bulawayo High Court said she bought the house in Pelandaba where Khumalo is currently staying from his mother Joyce Khumalo in 2000 before her death years later.
Khumalo has refused to vacate the house and Ncube wants compensation to the tune of $14 350, 22.
Ncube's lawyer Nqobizitha Ndlovu yesterday confirmed the development and said they were waiting for a trial date to be set.
"We attended a pre-trail conference and the matter had been earmarked for trial because there were issues which needed to be clarified in the matter from both parties. However, we are yet to be advised of the trial date as it has not been set," Ndlovu said.
In her summons, Ncube said: "The plaintiff (Ncube) paid the full price of Z$140 000 and obtained transfer of the property which is registered at Deeds of Registration under plaintiff's name. The plaintiff sought to obtain vacant and undisturbed possession of her property, but the defendant (Khumalo) refused to surrender vacant possession to the plaintiff," Ncube declared.
"From the 13th of October 2000 to date of issuing of these summons, the defendant remains in occupation of the house. The defendant is in occupation of the house for free and has never paid a cent towards rentals."
Khumalo has also been accused of not paying rates to the Bulawayo City Council for the house.
"As a result of the defendant's refusal to vacate the house, the plaintiff has suffered financial prejudice over years as she could neither occupy the house nor lease it,to enjoy the fruits of her investment," she said.
However, Khumalo argued that he had the right to live in the house as his late mother had contested Ncube's right to the house in 2002.
"The matter is lis pendens (pending) with this Honourable Court case number HC 122/02. Defendant has an usufruct (rights) on the property as it belongs to his late mother. Defendant has no obligation to pay rent at law or morally. Plaintiff is the one making it impossible to defendant to pay city council rates," Khumalo said.
The woman, Nozizwe Ncube, in her summons at the Bulawayo High Court said she bought the house in Pelandaba where Khumalo is currently staying from his mother Joyce Khumalo in 2000 before her death years later.
Khumalo has refused to vacate the house and Ncube wants compensation to the tune of $14 350, 22.
Ncube's lawyer Nqobizitha Ndlovu yesterday confirmed the development and said they were waiting for a trial date to be set.
"We attended a pre-trail conference and the matter had been earmarked for trial because there were issues which needed to be clarified in the matter from both parties. However, we are yet to be advised of the trial date as it has not been set," Ndlovu said.
In her summons, Ncube said: "The plaintiff (Ncube) paid the full price of Z$140 000 and obtained transfer of the property which is registered at Deeds of Registration under plaintiff's name. The plaintiff sought to obtain vacant and undisturbed possession of her property, but the defendant (Khumalo) refused to surrender vacant possession to the plaintiff," Ncube declared.
"From the 13th of October 2000 to date of issuing of these summons, the defendant remains in occupation of the house. The defendant is in occupation of the house for free and has never paid a cent towards rentals."
Khumalo has also been accused of not paying rates to the Bulawayo City Council for the house.
"As a result of the defendant's refusal to vacate the house, the plaintiff has suffered financial prejudice over years as she could neither occupy the house nor lease it,to enjoy the fruits of her investment," she said.
However, Khumalo argued that he had the right to live in the house as his late mother had contested Ncube's right to the house in 2002.
"The matter is lis pendens (pending) with this Honourable Court case number HC 122/02. Defendant has an usufruct (rights) on the property as it belongs to his late mother. Defendant has no obligation to pay rent at law or morally. Plaintiff is the one making it impossible to defendant to pay city council rates," Khumalo said.
Source - newsday
