News / Local
MDC-T MP sued for refusing to vacate late mum's house
17 Apr 2012 at 12:44hrs | Views
Owes US$19 500 for rent
Fails to pay US$257.37 water bill
A Member of the House of Assembly belonging to the Movement for Democratic Change formation led by Prime Minister Morgan Tsvangirai, Samuel Sandla Khumalo has been dragged to the High Court of Bulawayo for refusing to vacate his late mother's house.
Sandla Khumalo is the legislator for the Pelandaba constituency in Bulawayo.
According to court records at hand, case numbers (HC25566/11, HC423/11 Cross Reference HC859/11, one Nozizwe Ncube bought a house from Joyce Khumalo, the legislator's mother on 13 October 2000.
Joyce, who is Sandla Khumalo's mother through a power deed of transfer, signed a deed of transfer selling the property for $140 000 (Zimbabwean currency). The two never signed a lease agreement for the property which is stand number 61482 Pelandaba, Bulawayo.
Joyce never paid any rent and as a result Nozizwe Ncube filed summons for her eviction on 14 February 2011 through her lawyer Nqobizitha Ndlovu of Cheda and Partners Legal Practitioners.
Court papers show that the legislator then engaged the services of Phineas Madzivire of Joel Pincus, Konson and Wolhutter to defend the suit. The lawyers stated in a letter dated 15 March 2011 that Sandla Khumalo's mother had passed away on 28 January 2008 and thus requested that an executor be appointed through whom Ncube would sue.
On 28 March 2011, Ncube filed an ordinary court application under case number HC859/11X Ref HC423/11, at the High Court of Bulawayo seeking an order to evict the occupants of the house.
Justice Nicholas Ndou granted the order as prayed for by Ncube's lawyers.
The court papers also show that Khumalo has refused to vacate the house in terms of the court order.
Meanwhile, Khumalo, who has allowed controversy to follow him after being found in possession of mbanje, has been slapped with a summons claim of US$19 500 for rentals and rates like water bills, under case number HC 2566 / 11.
"An order for payment of a sum of US$19 500 being damages suffered by the Plaintiff due to unlawful and illegal occupation of the Plaintiff property being house number 61482 Pelandaba, Bulawayo by the Defendant from November 2000 without paying rentals (is being prayed for).
"An order for payment of a sum of US$265.37 being the City of Bulawayo tax invoice for consumption of services as per July 2011 water bill (is also being prayed for).
"(The applicant prays for) An order for payment of holdover damages of US$5 per day from 1st September 2011 to date of vacation," reads the claim in part.
In her declaration, Ncube averred thus:
"The Plaintiff paid the full purchase price of ZW$140 000 and obtained transfer of the property which is registered at the Deeds Registers Office under the Plaintiff's name. The Plaintiff sought to obtain vacant and undisturbed possession of her property but the Defendant refused to surrender vacant possession to the Plaintiff.
"From 13th of October 2000 to date of issuing of this summons, the Defendant remains in occupation of the house. The Defendant is in occupation of the house for free and has never paid a cent towards rentals," argued Ncube.
Sandla Khumalo opposed the suit through his lawyers and argued in his plea that he has rights to the house as it belonged to his late mother and that he has no obligation at law to pay rent.
"Defendant has usufruct on the property as it belongs to his late mother. Defendant has no obligation to pay rent at law or morally. …This is disputed. Plaintiff is the one making it impossible for Defendant to pay City Council rates…Plaintiff's rights in the property are lis pendens in the High Court under Case Number HC122/02," reads part of Sandla Moyo's defense plea.
In the response to Sandla Khumalo's plea, Ncube argued that she is the owner of the property at law, has title deeds and a valid agreement of sale.
"Every person who enjoys occupation of someone's premises and refuses to vacate should bear damages.
"Plaintiff is resident in the United Kingdom. How can she make it impossible for Defendant to pay City of Bulawayo rates? In any event, rates are paid at the City Council offices.
"As already said above, case number is already non existent as the alleged Plaintiff is dead," reads the response to Sandla Khumalo's plea in part.
The matter is awaiting a pre-trial conference.
Fails to pay US$257.37 water bill
A Member of the House of Assembly belonging to the Movement for Democratic Change formation led by Prime Minister Morgan Tsvangirai, Samuel Sandla Khumalo has been dragged to the High Court of Bulawayo for refusing to vacate his late mother's house.
Sandla Khumalo is the legislator for the Pelandaba constituency in Bulawayo.
According to court records at hand, case numbers (HC25566/11, HC423/11 Cross Reference HC859/11, one Nozizwe Ncube bought a house from Joyce Khumalo, the legislator's mother on 13 October 2000.
Joyce, who is Sandla Khumalo's mother through a power deed of transfer, signed a deed of transfer selling the property for $140 000 (Zimbabwean currency). The two never signed a lease agreement for the property which is stand number 61482 Pelandaba, Bulawayo.
Joyce never paid any rent and as a result Nozizwe Ncube filed summons for her eviction on 14 February 2011 through her lawyer Nqobizitha Ndlovu of Cheda and Partners Legal Practitioners.
Court papers show that the legislator then engaged the services of Phineas Madzivire of Joel Pincus, Konson and Wolhutter to defend the suit. The lawyers stated in a letter dated 15 March 2011 that Sandla Khumalo's mother had passed away on 28 January 2008 and thus requested that an executor be appointed through whom Ncube would sue.
On 28 March 2011, Ncube filed an ordinary court application under case number HC859/11X Ref HC423/11, at the High Court of Bulawayo seeking an order to evict the occupants of the house.
Justice Nicholas Ndou granted the order as prayed for by Ncube's lawyers.
The court papers also show that Khumalo has refused to vacate the house in terms of the court order.
Meanwhile, Khumalo, who has allowed controversy to follow him after being found in possession of mbanje, has been slapped with a summons claim of US$19 500 for rentals and rates like water bills, under case number HC 2566 / 11.
"An order for payment of a sum of US$19 500 being damages suffered by the Plaintiff due to unlawful and illegal occupation of the Plaintiff property being house number 61482 Pelandaba, Bulawayo by the Defendant from November 2000 without paying rentals (is being prayed for).
"(The applicant prays for) An order for payment of holdover damages of US$5 per day from 1st September 2011 to date of vacation," reads the claim in part.
In her declaration, Ncube averred thus:
"The Plaintiff paid the full purchase price of ZW$140 000 and obtained transfer of the property which is registered at the Deeds Registers Office under the Plaintiff's name. The Plaintiff sought to obtain vacant and undisturbed possession of her property but the Defendant refused to surrender vacant possession to the Plaintiff.
"From 13th of October 2000 to date of issuing of this summons, the Defendant remains in occupation of the house. The Defendant is in occupation of the house for free and has never paid a cent towards rentals," argued Ncube.
Sandla Khumalo opposed the suit through his lawyers and argued in his plea that he has rights to the house as it belonged to his late mother and that he has no obligation at law to pay rent.
"Defendant has usufruct on the property as it belongs to his late mother. Defendant has no obligation to pay rent at law or morally. …This is disputed. Plaintiff is the one making it impossible for Defendant to pay City Council rates…Plaintiff's rights in the property are lis pendens in the High Court under Case Number HC122/02," reads part of Sandla Moyo's defense plea.
In the response to Sandla Khumalo's plea, Ncube argued that she is the owner of the property at law, has title deeds and a valid agreement of sale.
"Every person who enjoys occupation of someone's premises and refuses to vacate should bear damages.
"Plaintiff is resident in the United Kingdom. How can she make it impossible for Defendant to pay City of Bulawayo rates? In any event, rates are paid at the City Council offices.
"As already said above, case number is already non existent as the alleged Plaintiff is dead," reads the response to Sandla Khumalo's plea in part.
The matter is awaiting a pre-trial conference.
Source - Southern Times
