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Father, son in bitter feud over gold claims
2 hrs ago |
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The High Court has ruled that Wambutso Donald Makoni must vacate eight Tumai mining claims he managed on behalf of his father, Donald Sarudzai Makoni, bringing an end to a bitter family dispute over property and legal authority.
Justice Maxwell Takuva delivered the judgment, emphasizing that despite suffering a stroke, the elder Makoni remains mentally competent to manage his affairs. "Mental clarity does not vanish with physical affliction. The applicant remains fully competent to revoke the power of attorney and to seek redress through the courts," Justice Takuva stated.
The conflict arose after Wambutso, acting under a special power of attorney, allegedly sold some mining claims and collected a US$20,000 deposit without his father's knowledge or consent. Upon discovering these transactions, Donald Sarudzai Makoni revoked the power of attorney and demanded that his son vacate the claims, a demand Wambutso resisted.
Wambutso argued that his father's physical condition made him incapable of managing legal matters and suggested that a court-appointed curator should take over. The court dismissed this argument, ruling that physical disability does not equate to mental incompetence. "The law does not presume mental incompetence from physical disability. The first respondent no longer holds any legitimate claim to the property," Justice Takuva said.
The court ordered Wambutso and anyone occupying the mining site under his name to vacate within 14 days, with the Sheriff authorized to enforce the eviction if necessary. He was also ordered to bear the full legal costs of the proceedings.
The judgment restores ownership of the mines and gold to Donald Sarudzai Makoni and underscores the principle that entrusted power must not be abused, and that even familial ties cannot override the rule of law. Observers note that the case serves as a cautionary tale about trust, legal authority, and the sanctity of property rights within families.
Justice Maxwell Takuva delivered the judgment, emphasizing that despite suffering a stroke, the elder Makoni remains mentally competent to manage his affairs. "Mental clarity does not vanish with physical affliction. The applicant remains fully competent to revoke the power of attorney and to seek redress through the courts," Justice Takuva stated.
The conflict arose after Wambutso, acting under a special power of attorney, allegedly sold some mining claims and collected a US$20,000 deposit without his father's knowledge or consent. Upon discovering these transactions, Donald Sarudzai Makoni revoked the power of attorney and demanded that his son vacate the claims, a demand Wambutso resisted.
Wambutso argued that his father's physical condition made him incapable of managing legal matters and suggested that a court-appointed curator should take over. The court dismissed this argument, ruling that physical disability does not equate to mental incompetence. "The law does not presume mental incompetence from physical disability. The first respondent no longer holds any legitimate claim to the property," Justice Takuva said.
The court ordered Wambutso and anyone occupying the mining site under his name to vacate within 14 days, with the Sheriff authorized to enforce the eviction if necessary. He was also ordered to bear the full legal costs of the proceedings.
The judgment restores ownership of the mines and gold to Donald Sarudzai Makoni and underscores the principle that entrusted power must not be abused, and that even familial ties cannot override the rule of law. Observers note that the case serves as a cautionary tale about trust, legal authority, and the sanctity of property rights within families.
Source - The Herald
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