Family fights over house acquired in 1960

A Harare family is embroiled in a long-standing legal dispute over ownership of a house acquired through the marriage certificate of one of its members in 1960. The case, which has now reached the Supreme Court, involves the estate executors of the late Grace Mandaza and Joel Mandaza against their relative, Dorothy Mandaza, who has been living in the house for over six decades.

Tendai Bothwell Ndoro, the executor of Grace Mandaza's estate, and Catherine Mandaza, the executor of Joel Mandaza's estate, filed an appeal at the Supreme Court seeking to evict Dorothy Mandaza from the property. Their appeal, however, was dismissed by the Supreme Court, which ruled in Dorothy's favor.

The legal battle centered around a small undeveloped house in New Canaan, Highfield, which was originally allocated by the City of Harare to Joel and Grace Mandaza in 1960, using their marriage certificate. At the time, the couple had migrated to Zambia and allowed Joel's brother, Addison Mandaza, and his wife, Dorothy, to occupy the house.

After Joel's death, Grace was appointed executrix of his estate, but she did not reclaim the house upon returning to Zimbabwe in 1978. Instead, she and Joel purchased homes in Houghton Park and Gunhill, leaving Addison and Dorothy in the Highfield property.

Dorothy Mandaza argued that she and her late husband, Addison, had paid all dues related to the house and had lived there for 64 years. She further claimed that they had requested Joel and Grace to use their marriage certificate in the house application because she and Addison had not yet solemnised their own marriage at the time. The house, she maintained, was rightfully theirs.

On the other hand, the appellants, Ndoro and Catherine, insisted that the house was legally allocated to Joel and Grace, and that Dorothy and Addison were allowed to stay there out of generosity.

The High Court had earlier ruled against Ndoro and Catherine, finding that the Mandaza family had breached legal processes by using another couple's marriage certificate to acquire the house. The court ruled that the arrangement was for the house to be transferred to Dorothy and Addison. Dissatisfied with the decision, Ndoro and Catherine sought relief from the Supreme Court.

The Supreme Court bench, consisting of Justices Antonia Guvava, Tendai Uchena, and Nicholus Mathonsi, upheld the High Court ruling, stating that Dorothy had provided sufficient evidence showing she and her husband had paid for the house and lived there for over six decades.

"The court a quo cannot be faulted for coming to the conclusion that the circumstances surrounding the acquisition of the house were truthfully explained by the first respondent," the bench ruled.

The Supreme Court also noted that there was no basis for interfering with the High Court's decision and ordered the appellants to bear the costs of the failed appeal.