News / Local
City women fight over deceased man's estate
28 May 2014 at 15:21hrs | Views
TWO city women are embroiled in a protracted legal battle over the estate of a deceased man whom they both claim as their lawful husband.
The deceased, Leonard Dube who was an employee of Telone left behind a number of livestock and five immovable properties all registered in his name which includes a house in Sizinda, another in Pumula, a farm in Fort Rixon and two rural homesteads.
According to the court papers seen by Radio Dialogue the late Dube married Ms Mabel Dube of 9278 St. Peters, Pumula in 1979 in terms of the marriage act (chapter 5: 11), but the couple separated in the mid-nineties.
In 1999, Mr Dube moved in with another woman, Lucy Ncube, 54, at house number F142 Njube suburb. The deceased lived with Ncube in a relationship akin to husband and wife but they were never married. The deceased instituted divorce proceedings against his wife, but abandoned them along the way.
After the death of Dube, Ncube made an application to the high court to be declared as a surviving spouse of the deceased, but Dube opposed the application on the grounds that she was legally married to the deceased at time of his death.
Ncube told the High Court that she did not know the type of marriage that his husband had entered into prior to living with him. Furthermore, she told the court that she believed that she was lawfully married to the deceased because he paid lobola to her family in terms of the Ndebele custom.
Bulawayo High Court Judge Justice Maxwell Takuva interrogated Ncube on why she lived with the deceased with the full knowledge of the fact that the deceased was legally married to another woman.
"I did not know the type of marriage that the deceased was in, but I became aware when he was proposing love that he was initiating divorce proceedings against Dube. I did not think of waiting for the divorce outcome because I was developing some love for him," Ncube explained.
Justice Takuva, warned Ncube that falling in love with someone's husband is unlawful and she could have been sued for adultery. But Ncube told the court that she knew that she could be sued but she was not worried because the deceased and Ms Dube were no longer in love.
"According to the information I saw on the divorce documents, the deceased's relationship with Dube had deteriorated to the extent that there was no love, and I believed she would not sue me," Ms Ncube alleged.
Moreover, Ncube told the court that she filed the application before the judge to protect her interests in property and to be considered a surviving spouse of the deceased. The judge countered and told Ms Ncube that the marriage that the deceased and Dube entered into could only be annulled by the high court.
"The type of marriage that the deceased entered into cannot be annulled by the conduct of the parties. If the deceased moved around sleeping with many girl friends that does not mean she is divorced, do you accept that?" Justice Takuva asked.
But Ncube refused to accept the judge's reasoning, "I do not agree, because the deceased proposed love to me and stayed with me. Any party in a genuine love relationship will not live apart for 12 years," she suggested.
In addition, she told the court that the family of the deceased recognised her as customary wife of the deceased and she choose the burial place of the late Dube.
"I was approached by the elders who requested me to choose the burial place in consultation with them. I choose the last place where the deceased rested in my capacity as a wife and the owner of the home," she added.
During cross-examination Dube accused Ncube of stealing his husband from her and encouraging the divorce.
"I and the deceased were never legally divorced and you were encouraging him to divorce me.
"But my marriage is still in existence, why do u want to benefit from his estate while I am the one who is holding a marriage certificate," Ms Dube asked.
In the coming weeks both parties are supposed to make their final submissions and the judge is expected to give his final ruling on who is the surviving spouse.
The deceased, Leonard Dube who was an employee of Telone left behind a number of livestock and five immovable properties all registered in his name which includes a house in Sizinda, another in Pumula, a farm in Fort Rixon and two rural homesteads.
According to the court papers seen by Radio Dialogue the late Dube married Ms Mabel Dube of 9278 St. Peters, Pumula in 1979 in terms of the marriage act (chapter 5: 11), but the couple separated in the mid-nineties.
In 1999, Mr Dube moved in with another woman, Lucy Ncube, 54, at house number F142 Njube suburb. The deceased lived with Ncube in a relationship akin to husband and wife but they were never married. The deceased instituted divorce proceedings against his wife, but abandoned them along the way.
After the death of Dube, Ncube made an application to the high court to be declared as a surviving spouse of the deceased, but Dube opposed the application on the grounds that she was legally married to the deceased at time of his death.
Ncube told the High Court that she did not know the type of marriage that his husband had entered into prior to living with him. Furthermore, she told the court that she believed that she was lawfully married to the deceased because he paid lobola to her family in terms of the Ndebele custom.
Bulawayo High Court Judge Justice Maxwell Takuva interrogated Ncube on why she lived with the deceased with the full knowledge of the fact that the deceased was legally married to another woman.
"I did not know the type of marriage that the deceased was in, but I became aware when he was proposing love that he was initiating divorce proceedings against Dube. I did not think of waiting for the divorce outcome because I was developing some love for him," Ncube explained.
Justice Takuva, warned Ncube that falling in love with someone's husband is unlawful and she could have been sued for adultery. But Ncube told the court that she knew that she could be sued but she was not worried because the deceased and Ms Dube were no longer in love.
"According to the information I saw on the divorce documents, the deceased's relationship with Dube had deteriorated to the extent that there was no love, and I believed she would not sue me," Ms Ncube alleged.
Moreover, Ncube told the court that she filed the application before the judge to protect her interests in property and to be considered a surviving spouse of the deceased. The judge countered and told Ms Ncube that the marriage that the deceased and Dube entered into could only be annulled by the high court.
"The type of marriage that the deceased entered into cannot be annulled by the conduct of the parties. If the deceased moved around sleeping with many girl friends that does not mean she is divorced, do you accept that?" Justice Takuva asked.
But Ncube refused to accept the judge's reasoning, "I do not agree, because the deceased proposed love to me and stayed with me. Any party in a genuine love relationship will not live apart for 12 years," she suggested.
In addition, she told the court that the family of the deceased recognised her as customary wife of the deceased and she choose the burial place of the late Dube.
"I was approached by the elders who requested me to choose the burial place in consultation with them. I choose the last place where the deceased rested in my capacity as a wife and the owner of the home," she added.
During cross-examination Dube accused Ncube of stealing his husband from her and encouraging the divorce.
"I and the deceased were never legally divorced and you were encouraging him to divorce me.
"But my marriage is still in existence, why do u want to benefit from his estate while I am the one who is holding a marriage certificate," Ms Dube asked.
In the coming weeks both parties are supposed to make their final submissions and the judge is expected to give his final ruling on who is the surviving spouse.
Source - radiodialogue
