News / Regional
'Gay man' loses house wrangle
08 Aug 2015 at 05:50hrs | Views
A VICTORIA Falls magistrate has ordered the eviction of a man who has been refusing to vacate a house in the resort town, claiming that its late owner sodomised him for 19 years.
Bruce Kazembe, 32, of Chinotimba used to share the house with the late Masiye Moyo, who was a boat captain at the now defunct United Touring Company (UTC).
Kazembe has been occupying the house alone since Moyo's death in May this year and claims its late owner bequeathed it to him as compensation for infecting him with HIV after sodomising him for 19 years.
Moyo left four children, aged between five and 15 years and his wife, Christina Sibanda, 38, who is the estate's executor. The couple had been married for 17 years.
Sibanda, approached the Civil Court seeking an order to evict Kazembe.
In her submissions, she told the court that she couldn't occupy the house as Kazembe was refusing to move out.
She said her late husband assumed ownership of the house from his employers in 2012 and Kazembe broke in when Moyo was transferred to his rural home in Lupane when he fell ill and later died.
Victoria Falls magistrate Rangarirai Gakanje granted the order for Kazembe's eviction.
The magistrate noted that when Kazembe broke into the house, Sibanda received a phone call from a neighbour notifying her of the house's occupation.
Gakanje also said Kazembe's submission that he was given the house as a bribe to buy his silence as Moyo was sodomising him and hence he felt the house belonged to him as compensation for the abuse he had suffered for 19 years had also been taken into consideration.
"From whichever angle, I'm of the view that the defendant is not rightfully in occupation of the house. From his defence it would simply mean the house was given to him to conceal an illegal act and that renders the compensation null," said the magistrate.
"The defendant is not the rightful heir or owner to this property. The application for eviction is hereby granted. Defendant is hereby ordered to vacate the said premises being house number 4341 Chinotimba, Victoria Falls by August 7."
Gakanje said the house was part of the deceased's estate which should be administered by Sibanda as part of their matrimonial property.
Sibanda has also pressed separate criminal charges against Kazembe saying he broke into the house and stole some property. It could not be established immediately how far that case has gone.
Kazembe claimed he was sodomised since he was 11 years old and his family had disowned him because of the issue.
Bruce Kazembe, 32, of Chinotimba used to share the house with the late Masiye Moyo, who was a boat captain at the now defunct United Touring Company (UTC).
Kazembe has been occupying the house alone since Moyo's death in May this year and claims its late owner bequeathed it to him as compensation for infecting him with HIV after sodomising him for 19 years.
Moyo left four children, aged between five and 15 years and his wife, Christina Sibanda, 38, who is the estate's executor. The couple had been married for 17 years.
Sibanda, approached the Civil Court seeking an order to evict Kazembe.
In her submissions, she told the court that she couldn't occupy the house as Kazembe was refusing to move out.
She said her late husband assumed ownership of the house from his employers in 2012 and Kazembe broke in when Moyo was transferred to his rural home in Lupane when he fell ill and later died.
The magistrate noted that when Kazembe broke into the house, Sibanda received a phone call from a neighbour notifying her of the house's occupation.
Gakanje also said Kazembe's submission that he was given the house as a bribe to buy his silence as Moyo was sodomising him and hence he felt the house belonged to him as compensation for the abuse he had suffered for 19 years had also been taken into consideration.
"From whichever angle, I'm of the view that the defendant is not rightfully in occupation of the house. From his defence it would simply mean the house was given to him to conceal an illegal act and that renders the compensation null," said the magistrate.
"The defendant is not the rightful heir or owner to this property. The application for eviction is hereby granted. Defendant is hereby ordered to vacate the said premises being house number 4341 Chinotimba, Victoria Falls by August 7."
Gakanje said the house was part of the deceased's estate which should be administered by Sibanda as part of their matrimonial property.
Sibanda has also pressed separate criminal charges against Kazembe saying he broke into the house and stole some property. It could not be established immediately how far that case has gone.
Kazembe claimed he was sodomised since he was 11 years old and his family had disowned him because of the issue.
Source - chronicle
