News / Local
Former MP faces eviction
21 Nov 2013 at 18:42hrs | Views
THE former Member of Parliament for Mpopoma-Pelandaba, Mr Samuel Sandla Khumalo, is facing eviction from a family house he inherited from his mother as a Zimbabwean based in the United Kingdom is claiming ownership.
The house, which Mr Khumalo resides at, 61482 Pelandaba, belonged to his late mother who is said to have sold it to Mrs Nozizwe Ncube before she died.
Joyce Khumalo died in January 2011 and Mr Khumalo was appointed executor to the estate on 17 August the same year.
Mrs Ncube has since approached the courts seeking to evict the occupants of the house including Mr Khumalo.
In her application, HC423/11, Mrs Ncube said she bought the house from Mrs Khumalo in 2000 and it was transferred to her through the power of attorney of Coghlan and Welsh Legal Practitioners.
Indications are that the transfer of the property to her name was done in November 2000 after she had paid Z$140 000.
In her submissions, Mrs Ncube claimed that the occupants refused to vacate the house and sought an eviction order, which was granted.
However, Mr Khumalo made an application for rescission, which was granted by High Court judge Justice Andrew Mutema yesterday.
The order means that Mr Khumalo could remain in the house until court proceedings in respect of Mrs Ncube's application have been completed.
Justice Mutema set aside judgment on HC423/11 and Mr Khumalo was given leave to file his pleadings in the action of the 2011 judgment within 10 days of the order.
In his founding affidavit, Mr Khumalo had submitted that he was appointed executor of his mother's estate which included the house.
He said the summons sent by Mrs Ncube in 2011 against his mother were null and void because they were sent to a non-existent person.
He said Mrs Ncube deliberately omitted him yet he was now the owner of the house and the summons were issued three years after his mother's death – meaning she knew she had died.
Mr Khumalo said Mrs Ncube refused to withdraw the summons after being advised that Mrs Khumalo had died but instead went on to file a court application, HC859/11 for a joinder.
In the application she allegedly sought to include the occupants of the house, including Mr Khumalo as defendants.
The house, which Mr Khumalo resides at, 61482 Pelandaba, belonged to his late mother who is said to have sold it to Mrs Nozizwe Ncube before she died.
Joyce Khumalo died in January 2011 and Mr Khumalo was appointed executor to the estate on 17 August the same year.
Mrs Ncube has since approached the courts seeking to evict the occupants of the house including Mr Khumalo.
In her application, HC423/11, Mrs Ncube said she bought the house from Mrs Khumalo in 2000 and it was transferred to her through the power of attorney of Coghlan and Welsh Legal Practitioners.
Indications are that the transfer of the property to her name was done in November 2000 after she had paid Z$140 000.
In her submissions, Mrs Ncube claimed that the occupants refused to vacate the house and sought an eviction order, which was granted.
However, Mr Khumalo made an application for rescission, which was granted by High Court judge Justice Andrew Mutema yesterday.
The order means that Mr Khumalo could remain in the house until court proceedings in respect of Mrs Ncube's application have been completed.
Justice Mutema set aside judgment on HC423/11 and Mr Khumalo was given leave to file his pleadings in the action of the 2011 judgment within 10 days of the order.
In his founding affidavit, Mr Khumalo had submitted that he was appointed executor of his mother's estate which included the house.
He said the summons sent by Mrs Ncube in 2011 against his mother were null and void because they were sent to a non-existent person.
He said Mrs Ncube deliberately omitted him yet he was now the owner of the house and the summons were issued three years after his mother's death – meaning she knew she had died.
Mr Khumalo said Mrs Ncube refused to withdraw the summons after being advised that Mrs Khumalo had died but instead went on to file a court application, HC859/11 for a joinder.
In the application she allegedly sought to include the occupants of the house, including Mr Khumalo as defendants.
Source - Chronicle
