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Melody Vherenaisi
Weekender Reporter
FAILURE to comprehend the contents of an affidavit nearly cost a Dora communal lands woman her piece of land after she was made to sign it without proper explanations, only to be told that she had consented to the sale.
Even the headman, Richard Chinyowa who witnessed the signing of the affidavit failed to explain everything to the woman who was selling part and not the whole land.
Prisca Makore was trying to raise money for her ailment and decided to sell part of her land for US$400 to Obvious Mujawo.
Makore got the shock of her life when she returned home from being assisted by a traditional healer to be told that she had to leave her homestead as it now belonged to Mujawo.
Chinyowa also confirmed the development, but Makore stayed put, forcing Mujawo to approach Mutare Civil Court applying for the family’s eviction.
Mujawo said Makore and her children are refusing to vacate the land despite paying them US$400 and signing an affidavit confirming the sale.
Mujawo brought with him witnesses to the court who included Chinyowa.
Testifying in court, Chinyowa said Makore came to him in the company of her daughter and Mujawo who wanted to buy her land and told him that she wanted to sell it.
He said he asked her three times if she indeed wanted to sell the land and she confirmed that.
He said Makore and Mujawo agreed on a price of US$400, but the family is refusing to vacate the land.
The headman said Makore’s son is also threatening to kill him, accusing him of selling their father’s land.
“Makore’s son is also threatening to bring his family and stay at my homestead, accusing me of presiding over the sale of their family land. I am now living in fear of his threats,” said Chinyowa.
In her testimony, Makore said she used to stay with her son together with his family, but his homestead was destroyed by Cyclone Idai in 2019.
She said her son and family went to stay in Gimboki area of Dangamvura.
Makore insisted that she only sold part of her land to raise money for treatment of an disclosed ailment.
“I wanted to raise money for my treatment as the disease needed the services of a traditional healer.
“My children could not afford to sponsor my treatment. I told my friend that I was looking for someone to buy part of my land and she brought Mujawo to me. He paid US$400 and I was made to sign a affidavit form by the headman. Nobody explained the contents to the affidavit form to me,” said Makore.
She said her brother accompanied her to a traditional healer where she stayed for a week being assisted.
“When I returned home, Chinyowa barred me from entering my house saying I was no longer the owner since I had sold it. I went to my friend who had brought Mujawo to me for her to explain everything to me. I could not go to my brother because I had not told him that I had sold part of my land to someone.
“My son from Gimboki came back home, only to be greeted with the news that the land now belonged to someone else. He had to erect a plastic shelter in our garden where he stayed before bringing the matter to the attention of the headman’s aide. Mujawo approached this court,” she said.
In his ruling, Mr Chipato advised the parties to have the matter resolved by the community court as they are the custodians of the land.
Mr Chipato told the headman that he had no right to preside over the sale of the communal land especially when there are heirs to the estate.
Makore was also asked to refund Mujawo his US$400.
Online Reporter