Man murders brother in inheritance dispute

A man involved in a dispute with his brother over control of the late parents' house in Entumbane shouted "minus one" after fatally striking his elder sibling with a hoe.

Tongoona Muchairi, 36, had a long-standing dispute with Eddington Tongoona, 40, and tempers escalated during a discussion over ownership of the house on April 4, last year.

Tongoona appeared before Bulawayo High Court judge Justice Andrew Mutema yesterday facing a murder charge in connection with the killing of his brother.

Justice Mutema remanded him to today for judgment.

Prosecuting, Nokuthaba Ngwenya said on April 4 last year shortly after 7PM, the two brothers had an altercation over the ownership of their late parents' house.

The altercation resulted in Tongoona picking up a hoe and allegedly striking Eddington three times on the head.

Eddington sustained a skull fracture and was rushed to Mpilo Central Hospital where he died two days later due to the injuries.

The two siblings' sister, Tragedy Muchairi, told the court that her two brothers had for many years been fighting over ownership of their late parents' house.

"Tongoona and Eddington have always been fighting over our late parents' home. Tongoona had always wanted to evict Eddington from the house saying he's the owner of the house since our father made him the executor of his will," Tragedy said.

Tragedy said on the fateful day, she and her two brothers, who were both drunk, were discussing the issue of the property when a quarrel ensued.

"On that particular day, we were discussing about the issue and Tongoona, who was drinking beer from a calabash, was shouting. I tried to intervene and asked him to lower his voice so that we could discuss the issue peacefully without attracting the attention of neighbours," said Tragedy.

She said Tongoona charged at Eddington before he assaulted him on the chest.

"I tried to restrain Tongoona by pushing him away and he went to the garden and came back armed with a hoe. Sensing danger, I wrested the hoe away from him and threw it away and advised Eddington to seek refuge at our neighbour's house," said Tragedy.

On his way there he fell and Tongoona took advantage of the drunkenness of his brother and struck him three times on the head.

"Tongoona picked the hoe again and pursued Eddington and struck him on the head and he fell down and continued hitting him as he lay unconscious on the ground," she said.

Tongoona fled the scene and left his brother lying in blood.

The court heard that Tongoona shouted "minus one" soon after committing the alleged crime.

Eddington was ferried by a neighbhour's kombi to hospital where he was admitted to the intensive care unit, but died two days later.

In his defence, through his lawyer, Takunda Make of Ndove, Museta and Partners, Tongoona denied that he intentionally killed his brother, arguing that he acted in self-defence.

"I acted in self-defence as my brother charged at me with the intention of attacking me with a stone and a hoe. I was provoked by Eddington's actions as I was intoxicated and I didn't realise the risk or possibility that these actions would cause," he said.