adminMidlands Correspondent
A Gweru woman whose estranged husband sold the couple’s house in her absence to a rural teacher caused a stir when she moved into the same property to occupy half of it arguing it was her legal share. When the police moved in to arrest the man, Mr Christopher Siyachitema, for allegedly selling the house without the blessings of his wife, Mrs Theresa Siyachitema nee Royi, they were forced to release him from custody after Mrs Siyachitema argued that as the “wronged” part, she was not willing to be the complainant in the matter.
She further argued that she only wanted to be granted ownership of two rooms of the four-roomed house since she co-owned the property with her husband.
According to documents availed to Chronicle, Mrs Siyachitema, has since occupied two rooms at the house in question, Number 4537 Mkoba Village 17, after she successfully argued her case at the civil court and was granted ownership of half of the disposed property.
The new owner, Ms Prisca Ncube, has also approached the same civil court seeking the eviction of Ms Siyachitema from the two rooms she was occupying.
In her founding affidavits, Ms Ncube who claimed to have bought the house in dispute from Mr Siyachitema, is seeking the arrest of Mr and Mrs Siyachitema, accusing them of conniving to deprive her of the house.
“On 7 May 2012, I bought a house, Number 4537 Mkoba 17 from Christopher Siyachitema. The house had title deeds number 0228/98 in the name of Mr Siyachitema. I paid the whole amount, $15 000 cash as required by the seller (Mr Siyachitema). We transferred the house into my name with the help of lawyers, Chitere Chidawanyika and Partners,” read part of Ms Ncube’s affidavits.
Ms Ncube said she was surprised when she saw Mrs Siyachitema coming to occupy two rooms at the house.
That, the affidavits read, was despite the fact that Ms Ncube had obtained a peace order from the court which barred Mrs Siyachitema from the house.
“I am therefore appealing for the arrest of Theresa Siyachitema (nee Royi) and any other person who is still occupying the house in violation of the peace order granted,” read part of Ms Ncube’s affidavits which has since been tendered to the police at Gweru Rural Police Station.
In the opposing affidavits, Mrs Siyachitema is claiming to have divorced Mr Siyachitema and has since obtained a civil court ruling stating that she owned the house in part.
Mrs Siyachitema argued that she divorced Mr Siyachitema in April this year and the courts ruled that they have equal ownership in all their assets, including the house.
She pointed out that she took the decision to divorce Mr Siyachitema after he allegedly disposed the estate in question without her knowledge.
“On 16 April 2013, magistrate Mrs Phathekile Msipa then delivered a ruling in court and awarded me 50 percent ownership of property Number 4537 in Mkoba Village 17. I was, however, evicted by Ms Ncube through court orders and I am now living a destitute life. This is despite the fact that I am legally part owner of property number 4537 Mkoba Village 17,” she argued.
Meanwhile, police are now investigating the case which is suspected to be an act of fraud allegedly on the part of Mr Siyachitema and his wife.
“What raises eyebrows in this case is that Mrs Siyachitema quickly visited Gweru Rural Police Station following the arrest of Siyachitema for selling the house without her knowledge and demanded that he be released.
“Mrs Siyachitema argued that she was not the complainant and so there was no need for the arrest of her ex-husband,” said the source.
Gweru Rural Officer-in Charge Crime, Inspector Samuel Tadzaushe yesterday confirmed the matter but referred all questions to the provincial spokesperson, Inspector Emmanuel Mahoko for further details.
“We are handling a case of that nature but you can get all the details from our police spokesperson,” he said.
Insp Mahoko said he was still gathering facts on the matter when contacted for a comment yesterday.
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