News / Local
Cohabiting woman denied share of property with 'hubby'
18 Dec 2013 at 04:10hrs | Views
A Bulawayo woman was left with egg on the face after she failed to get part of the property acquired during her five-year stay with her estranged boyfriend.
Agnes Sithole had applied to the Customary Law Court to grant her a share in the property bought while she was "cohabiting" with Makhosini Malini.
To her shock, Malini denied ever paying lobola for her and told the magistrate Victor Mpofu that she did not deserve any of the property as they only stayed together for five years.
"Your honour I understand that for this woman to claim any property, she is supposed to be customarily married to me," Malini said.
"However, I never paid any lobola for this woman or formally introduced her to my family as their bride. We just cohabited in South Africa."
He added: "She also does not deserve a part of the property because I gave her money to buy a house for my mother and she diverted the money and bought herself the house. I'm not married to her in any way thus I do not owe her anything. I have been staying with her from 2009 and we have a child but that does not mean she can claim anything from me".
Sithole, however, later admitted that she was not customarily married to Malini although she had assumed their lengthy relationship meant they were somehow married.
"He did not pay lobola for me but we have been staying together for the past five years and we bought property together. As for the house in question I contributed half of the 102,000 rand needed for its construction," she said.
"I also contributed half of the money we used to buy the commuter omnibus we owned as I was working as well. We have a daughter and I am also seeking for her custody." After cross-examination, Sithole consented to withdrawal of the case as per advice of her lawyer.
Mpofu accepted the withdrawal and advised both parties to discuss and map the way forward.
"By consent of the plaintiff the matter is withdrawn at the instance of the plaintiff as the case is an absolute from any instance," he said.
Agnes Sithole had applied to the Customary Law Court to grant her a share in the property bought while she was "cohabiting" with Makhosini Malini.
To her shock, Malini denied ever paying lobola for her and told the magistrate Victor Mpofu that she did not deserve any of the property as they only stayed together for five years.
"Your honour I understand that for this woman to claim any property, she is supposed to be customarily married to me," Malini said.
"However, I never paid any lobola for this woman or formally introduced her to my family as their bride. We just cohabited in South Africa."
He added: "She also does not deserve a part of the property because I gave her money to buy a house for my mother and she diverted the money and bought herself the house. I'm not married to her in any way thus I do not owe her anything. I have been staying with her from 2009 and we have a child but that does not mean she can claim anything from me".
Sithole, however, later admitted that she was not customarily married to Malini although she had assumed their lengthy relationship meant they were somehow married.
"He did not pay lobola for me but we have been staying together for the past five years and we bought property together. As for the house in question I contributed half of the 102,000 rand needed for its construction," she said.
"I also contributed half of the money we used to buy the commuter omnibus we owned as I was working as well. We have a daughter and I am also seeking for her custody." After cross-examination, Sithole consented to withdrawal of the case as per advice of her lawyer.
Mpofu accepted the withdrawal and advised both parties to discuss and map the way forward.
"By consent of the plaintiff the matter is withdrawn at the instance of the plaintiff as the case is an absolute from any instance," he said.
Source - chronicle
