News / National
Brothers in fight over late father's Estate
01 Feb 2017 at 05:55hrs | Views
Two
Harare brothers have taken each other to the police and courts in a
heated dispute over the late father's estate in which one of them
deprived the rest of the siblings from benefiting from it.
This has been revealed through a statement made at the Harare Central last year police in which the concerned brother Maxwell Ezibon Njeke has taken his brother Jemias Njeke to task over the disputed Estate of their father Eliphas Ndide Njeke who died sometime in 1999.
"I am a male adult bearing the above mentioned particulars and I am employed by The Ministry of Home Affairs as a policeman, currently stationed at Z.R.P Rujeko in Masvingo. I know the accused person, Jemias Njeke not only in connection with this case but he is also my brother. We share the same father but different mothers. He is contactable on cell number 0778 679 337/ 0776 456 034," reads Maxwell' statement.
"I recall on the 09th day of April 1999, my father Eliphas Ndide Njeke died and was buried in our rural home, Murota Village, Chief Kasekete, Mzarabani, Centenary. When he died, he left 09 children from 03 different wives. 03 children from Fungai Njeke, the mother of the accused, whom my father divorced in early eighties. 05 children from Maggaret Njeke, who is my mother and one child from Dorren Njeke, who passed away before my father. My mother Maggaret Njeke is the only surviving spouse. The death certificate can be produced before the court as an exhibit. My father left a seven roomed house situated at number 1591-226th Street Kuwadzana 2, Harare."
He stated that after the burial of their father, the Njeke family including their Grandfather, Mutatukwa Njeke, the deceased's children including the accused person and his mother, all their father's brothers and sisters, sat down and shared the rooms of the house according to the wives.
"My father left a WILL which says the house belonged to the Njeke family and it was read to all the people who were there by Kudakwashe Rihambe, our cousin, whom my father had asked to write, while he was still alive. Kudakwashe Rihambe is now teaching in Bulawayo contactable on 0779 429 559. The children of the accused's mother were given 02 rooms, those of my mother were also given 02 rooms and the one from the last wife was given a room. We stayed like that from 1999 until 2014. The accused person stayed in his rooms with his wife for some time but later decided to go and stay with his mother in Highfields, Harare. He was collecting rent from his 02 rooms until now," reads the statement.
"On the 04th day of August 2014, we were shocked to hear that, the accused's mother, Fungai Njeke, applied for a peace order against Jane Caroline Njeke, at Harare civil court. She wanted her to be removed from our father's house. Jane Caroline Njeke is the only child from the last wife. Our father's brothers and sisters came and attended the court in support of Jane Caroline Njeke. I also attended that court. The peace order application was however turned away as the Magistrate said there was no way a child could be chased away from her late father's house. During court, the magistrate asked us if we had registered the estate. To this we said no including the accused and his mother not knowing that the accused and his mother had already registered the estate fraudulently."
He said the Magistrate advised them to register the estate.
"Soon after the court, my father's eldest brother, Jemias Njeke then directed all of us to go and register the estate. The accused person and his mother did not cooperate with others, instead they sneaked and went away. We then registered it with our father's brothers and sister under DRH 770/14. We included all the 09 children of our late father and my mother Maggaret Njeke who is the surviving spouse. She is also the one who registered the Certificate of death for our late father. Jane Caroline Njeke was nominated to be the Executor," reads the statement.
"On
the 12th day of February 2016, after paying the master's fee, I
together with Jane Caroline Njeke went to Kuwadzana city council to
submit the Administration papers. We were shocked to learn that our late
father's house had been sold, but they did not give us the details of
who sold it, how much it was sold for and to whom."
He said he then proceeded to master of High Court together with Jane Caroline Njeke and that is when I discovered that the accused had registered the estate, long back in 2012 under DR1752/12 refers. In registering the estate, the accused person filed affidavits purported to have been made by my father's brothers, Takesure Njeke and Efari Njeke when they never did the said affidavits. The accused also used false National Registration particulars in the fake affidavits of the two," reads the statement.
"He used National registration number 07-630433 T 07 for Takesure Njeke when in actual fact the correct National registration number for Takesure Njeke is 42-093787 Q 07. For Efari Njeke he used the fake Registration number 07-064381 B 07 when in actual fact, the correct ID number for Efari Njeke is 07-079846 J 11. I enquired from the Master of high court on how the affidavits were filed and was informed that the accused is the one who brought them to the Master of High court."
Njeke said he further enquired about the affidavits from the two brothers of his late father who also confirmed that they never wrote any affidavits.
"I also noted that there was also another affidavit in the name of Fatima Njeke who is not known to our family but purported to be my father's sister. I do not know whether she is an existing person or not. All the 03 affidavits can be produced in court as exhibits. All the 03 affidavits seemed to have been written by one person as they had the same handwriting and they contain the same information, word by word," he said.
"All the 03 affidavits contained false information as they indicated that my mother was a girlfriend to my father, that she had no children and that she was not known to the Njeke family. I further enquired from the master of High court's office on how the house was sold and discovered that when the accused tendered the false information to the Master of High court, he took some people to the Master of High Court who purported to be my father's relatives and they attended a meeting. I also discovered that as a result of the fraudulent information supplied to the Master's office, the accused was appointed Executive Dative. He processed the sale of the house after fraudulently getting consent from the Master of High Court."
Njeke said he then later learnt from the Master's office that the accused had sold the house to Nyarai Katsande residing at 07 Mould Crescent, Avondale, Harare, contactable on 0772 451 482.
"When the accused sold the house he knew very well that he and his 02 sisters were entitled to two rooms only according to the family arrangement," he said.
"The accused had no right whatsoever to sell the house belonging to the other children of the deceased. As a result of the accused's actions, myself and all other children of the late Eliphas Ndide Njeke suffered prejudice of USD$42 000-00."
This has been revealed through a statement made at the Harare Central last year police in which the concerned brother Maxwell Ezibon Njeke has taken his brother Jemias Njeke to task over the disputed Estate of their father Eliphas Ndide Njeke who died sometime in 1999.
"I am a male adult bearing the above mentioned particulars and I am employed by The Ministry of Home Affairs as a policeman, currently stationed at Z.R.P Rujeko in Masvingo. I know the accused person, Jemias Njeke not only in connection with this case but he is also my brother. We share the same father but different mothers. He is contactable on cell number 0778 679 337/ 0776 456 034," reads Maxwell' statement.
"I recall on the 09th day of April 1999, my father Eliphas Ndide Njeke died and was buried in our rural home, Murota Village, Chief Kasekete, Mzarabani, Centenary. When he died, he left 09 children from 03 different wives. 03 children from Fungai Njeke, the mother of the accused, whom my father divorced in early eighties. 05 children from Maggaret Njeke, who is my mother and one child from Dorren Njeke, who passed away before my father. My mother Maggaret Njeke is the only surviving spouse. The death certificate can be produced before the court as an exhibit. My father left a seven roomed house situated at number 1591-226th Street Kuwadzana 2, Harare."
He stated that after the burial of their father, the Njeke family including their Grandfather, Mutatukwa Njeke, the deceased's children including the accused person and his mother, all their father's brothers and sisters, sat down and shared the rooms of the house according to the wives.
"My father left a WILL which says the house belonged to the Njeke family and it was read to all the people who were there by Kudakwashe Rihambe, our cousin, whom my father had asked to write, while he was still alive. Kudakwashe Rihambe is now teaching in Bulawayo contactable on 0779 429 559. The children of the accused's mother were given 02 rooms, those of my mother were also given 02 rooms and the one from the last wife was given a room. We stayed like that from 1999 until 2014. The accused person stayed in his rooms with his wife for some time but later decided to go and stay with his mother in Highfields, Harare. He was collecting rent from his 02 rooms until now," reads the statement.
"On the 04th day of August 2014, we were shocked to hear that, the accused's mother, Fungai Njeke, applied for a peace order against Jane Caroline Njeke, at Harare civil court. She wanted her to be removed from our father's house. Jane Caroline Njeke is the only child from the last wife. Our father's brothers and sisters came and attended the court in support of Jane Caroline Njeke. I also attended that court. The peace order application was however turned away as the Magistrate said there was no way a child could be chased away from her late father's house. During court, the magistrate asked us if we had registered the estate. To this we said no including the accused and his mother not knowing that the accused and his mother had already registered the estate fraudulently."
He said the Magistrate advised them to register the estate.
"Soon after the court, my father's eldest brother, Jemias Njeke then directed all of us to go and register the estate. The accused person and his mother did not cooperate with others, instead they sneaked and went away. We then registered it with our father's brothers and sister under DRH 770/14. We included all the 09 children of our late father and my mother Maggaret Njeke who is the surviving spouse. She is also the one who registered the Certificate of death for our late father. Jane Caroline Njeke was nominated to be the Executor," reads the statement.
He said he then proceeded to master of High Court together with Jane Caroline Njeke and that is when I discovered that the accused had registered the estate, long back in 2012 under DR1752/12 refers. In registering the estate, the accused person filed affidavits purported to have been made by my father's brothers, Takesure Njeke and Efari Njeke when they never did the said affidavits. The accused also used false National Registration particulars in the fake affidavits of the two," reads the statement.
"He used National registration number 07-630433 T 07 for Takesure Njeke when in actual fact the correct National registration number for Takesure Njeke is 42-093787 Q 07. For Efari Njeke he used the fake Registration number 07-064381 B 07 when in actual fact, the correct ID number for Efari Njeke is 07-079846 J 11. I enquired from the Master of high court on how the affidavits were filed and was informed that the accused is the one who brought them to the Master of High court."
Njeke said he further enquired about the affidavits from the two brothers of his late father who also confirmed that they never wrote any affidavits.
"I also noted that there was also another affidavit in the name of Fatima Njeke who is not known to our family but purported to be my father's sister. I do not know whether she is an existing person or not. All the 03 affidavits can be produced in court as exhibits. All the 03 affidavits seemed to have been written by one person as they had the same handwriting and they contain the same information, word by word," he said.
"All the 03 affidavits contained false information as they indicated that my mother was a girlfriend to my father, that she had no children and that she was not known to the Njeke family. I further enquired from the master of High court's office on how the house was sold and discovered that when the accused tendered the false information to the Master of High court, he took some people to the Master of High Court who purported to be my father's relatives and they attended a meeting. I also discovered that as a result of the fraudulent information supplied to the Master's office, the accused was appointed Executive Dative. He processed the sale of the house after fraudulently getting consent from the Master of High Court."
Njeke said he then later learnt from the Master's office that the accused had sold the house to Nyarai Katsande residing at 07 Mould Crescent, Avondale, Harare, contactable on 0772 451 482.
"When the accused sold the house he knew very well that he and his 02 sisters were entitled to two rooms only according to the family arrangement," he said.
"The accused had no right whatsoever to sell the house belonging to the other children of the deceased. As a result of the accused's actions, myself and all other children of the late Eliphas Ndide Njeke suffered prejudice of USD$42 000-00."
Source - Byo24News
