Online Reporter
Fidelis Chavarike
Weekender Reporter
A BITTER dispute over marital property has landed a divorced Odzi Village couple at the Mutare Civil Courts, with the scorned woman, Etalia Ngwenya, demanding her share of their assets following the breakdown of her marriage to Luckson Mutsakwata.
The two appeared before Mutare magistrate, Mr Xavier Chipato, with Ngwenya alleging that her ex-husband was attempting to allocate her old and unusable property, while retaining the valuable assets and land for himself.
“Mutsakwata wants to give me old things. He is keeping the two cattle and the land, while giving me an old bed we bought in 2008. He refuses to give me a portion of the land I worked on and cleared back in 2003 when we started staying together. I need a place to stay, not these worn-out property,” she argued in court.
Ngwenya insisted that she should be allocated the land and cattle, adding that Mutsakwata also wants to take the scotch cart she worked for while he was away.
“He is trying to take all the valuables. I am okay if this issue goes to trial,” she said.
Mutsakwata denied the allegations, claiming that he intended to divide the property fairly. However, he alleged that he could not continue staying near his ex-wife due to abuse.
“I want to split everything equally, but I cannot stay near her. Recently, she beat me with a pot after sneaking into my room when I came home late. That incident led me to apply for a protection order. Regarding the property, I suggest that she takes one of the cattle and other movable items, including all the kitchen utensils,” he said.
He further claimed that the land Ngwenya wanted belonged to him, arguing that she came to the homestead after he had already developed it.
“The land she says she cleared had already been partly developed by me and my late wife before she came into the picture. Yes, she cleared a portion, but she cannot claim ownership – it was mine before we got married,” said Mutsakwata.
Ngwenya disputed the ownership of the remaining two cattle, arguing that they were rightfully hers.
“In 2003, he sold two cattle and used the money to arrange a marriage on behalf of his mother. That was his share. The two remaining cattle are mine. He can take the old sofas and the radio. He also wants the water pump and solar panels, but that is not fair since he is giving me useless things,” she said.
Mutsakwata eventually agreed to give her the solar panels, scotch cart and water pump, highlighting that her stubbornness led to the divorce.
“I do not mind her taking those items. She is very arrogant; that is why I divorced her.
“I handed her over to her family in front of the chief’s court. She is abusive and I cannot keep living like that,” he said.
Mr Chipato ruled that both parties would retain the property they agreed upon. However, the dispute over the house and land was deferred to trial, which will proceed via court summons.
“Only the agreed-upon property will be shared, with each party receiving one cow.
“Unresolved matters, including land, will be determined through trial proceedings, with the date to be allocated by way of summons,” he said.
