News / National
Court orders granny to pay $60 000 or lose house
14 Apr 2018 at 12:09hrs | Views
EIGHT-THREE-YEAR-OLD Arcadia granny, Violet De Souza, who was last month evicted by the Sheriff over a civil dispute of her home, has now been ordered by the High Court to pay $60 814 for the property or risk being permanently evicted from her 20-year-old residence.
De Souza, was last month thrown out of number 30 Thornicroft Street, Arcadia, but later approached the court, seeking a stay of execution.
The granny insisted she had a right to remain at the property, claiming she and her husband bought the house from their former employer, Donald Lee. But ownership of the property remained unchanged prompting a civil litigation.
According to court papers, on August 21, 2014, High Court judge Justice Alpheus Chitakunye ruled that Rachelle Carming Lee, Donald's wife, should form a company to oversee the property.
De Souza and her late husband's estate would have equal shares in the company.
Apparently, the same order directed that Oliver Masomera, the executor dative of the estate of the late Rose Rawson, the one from whom the property had been purchased by the De Souza's, should not sell the house without having exhausted the alternatives to recover costs pertaining to the administration of the Rawson's estate.
But the property was then sold to David and Florence Munemo by Masomera, leading to the court process that later culminated in the eviction of the old lady.
However, when the matter was brought before High Court judge Justice Mary-Zimba Dube for determination last month, the judge issued an order by consent of both parties which apparently gave De Souza an ultimatum to refund the Munemos' by May 15 this year and to pay cost of suit.
"Whereupon after reading documents filed of record and hearing counsel it is ordered by consent that; the applicant (De Souza) shall pay to the first and second respondent (David and Florence) the sum of $60 814 on or before May 15, 2018 being refund of the purchase price and ancillary costs concerned with this matter," Justice Zimba-Dube said in her order granted on March 22, 2018.
"In the event that the applicant fails to pay the sums quoted in paragraph (i) above, then, the applicant shall vacate the premises within 24 hours from the last day of payment, failure of which the sheriff shall be instructed to remove her from the property at the cost of applicant. Applicant shall bear cost of suit."
De Souza was represented by Advocate Thembinkosi Magwaliba instructed by Claude Bare, while the Munemos were represented by Bruce Maruva and Justine Zuze.
De Souza, was last month thrown out of number 30 Thornicroft Street, Arcadia, but later approached the court, seeking a stay of execution.
The granny insisted she had a right to remain at the property, claiming she and her husband bought the house from their former employer, Donald Lee. But ownership of the property remained unchanged prompting a civil litigation.
According to court papers, on August 21, 2014, High Court judge Justice Alpheus Chitakunye ruled that Rachelle Carming Lee, Donald's wife, should form a company to oversee the property.
De Souza and her late husband's estate would have equal shares in the company.
But the property was then sold to David and Florence Munemo by Masomera, leading to the court process that later culminated in the eviction of the old lady.
However, when the matter was brought before High Court judge Justice Mary-Zimba Dube for determination last month, the judge issued an order by consent of both parties which apparently gave De Souza an ultimatum to refund the Munemos' by May 15 this year and to pay cost of suit.
"Whereupon after reading documents filed of record and hearing counsel it is ordered by consent that; the applicant (De Souza) shall pay to the first and second respondent (David and Florence) the sum of $60 814 on or before May 15, 2018 being refund of the purchase price and ancillary costs concerned with this matter," Justice Zimba-Dube said in her order granted on March 22, 2018.
"In the event that the applicant fails to pay the sums quoted in paragraph (i) above, then, the applicant shall vacate the premises within 24 hours from the last day of payment, failure of which the sheriff shall be instructed to remove her from the property at the cost of applicant. Applicant shall bear cost of suit."
De Souza was represented by Advocate Thembinkosi Magwaliba instructed by Claude Bare, while the Munemos were represented by Bruce Maruva and Justine Zuze.
Source - newsday
