Family loses land to son-in-law

 

Lovemore Kadzura
Rusape Correspondent

A Headlands family was last week left homeless after a community court awarded their late mother’s plot to their son-in-law.

Their sister had changed the land’s ownership into her name before her death.

 

As the surviving spouse of the land’s legal owner (Loice Mbiriri), Christopher Ndlovu was given the nod to inherit everything that bears his late wife’s name, including the plot.

Sydney Mbiriri had dragged Ndlovu to Chief Makoni’s court, demanding his eviction from the plot.

Mbiriri argued that the land was bought by his mother, Esther Mbiriri, in 1989.

However, Ndlovu produced his marriage certificate and a new land permit issued after the death of his mother-in-law.

The new permit is in Loice’s name.

“Ndlovu started staying at my late mother’s plot in 2001 as he was dating my sister who is now late. Our mother was still alive then.

“He did not pay any cent towards Loice’s lobola. We were not in good books with him as he was abusive to our late mother and also did not contribute anything towards improving the plot. Our mother passed on in 2004 and our sister recently succumbed to Covid-19.

“I asked Ndlovu to vacate the plot since my sister is now late. He should relocate to his home in Binga. As a family, we now want to utilise our mother’s estate. He has remained adamant, and vowed not to move. He is now claiming ownership of the plot,” said Mbiriri.

He added: “We do not know any of his relatives and his exact origins in Binga. Since independence, he has never been to his rural home. He worked in Harare till his retirement in 2000 and came to stay with Loice at the plot. If he dies today, we do not know his next of kin.”

However, Ndlovu told the court that he was legally married to Loice, hence he is her surviving spouse.

“I met Loice in 1984 in Harare. We later got married, but our union was not blessed with a child. I took care of my late mother-in-law when she was alive. I provided all her needs, especially food and medication.

“I retired from work and stayed at my mother-in-law’s plot until she passed on in 2004. In 2005, Loice changed the plot’s ownership from her late mother’s name to hers.

“Unfortunately, Loice succumbed to Covid-19. To my surprise, her brothers are now evicting me from the plot that I inherited from my late wife,” said Ndlovu as he produced a marriage certificate and the land permit bearing Loice’s name.

The court dismissed Mbiriri’s application saying that it lacked merit as he failed to prove that the plot belonged to his late mother.

The court also stated that the blame lies with Loice as she changed the plot’s ownership without her siblings’ knowledge.

“Ndlovu has a clear and straightforward case which is supported by material evidence. He has a marriage certificate and the plot’s ownership is in his late wife’s name.

“That alone makes him the legitimate owner of the plot because he is the surviving spouse. Ndlovu is also not the one who changed the ownership papers, but your late sister, Loice.

“The fact that the two did not bear any children during the course of their marriage does not disqualify Ndlovu from inheriting his late wife’s estate,” ruled the court.