Online Reporter
Yeukai Karengezeka
Court Correspondent
AN 81-YEAR-OLD woman, embroiled in a bitter property dispute with her daughter-in-law, has taken her fight to the High Court in a bid to revoke a property donation she made over 30 years ago to her late son.
The civil case opened on Monday before Justice Fatima Maxwell with the plaintiff Ms Jane Chipiti accusing her surviving daughter-in-law, Ms Chenai Tepalepa (56) and grandson Tatenda Dembaremba of betrayal, ingratitude and neglect.
At the centre of the dispute is Stand Number 3762 Dzivarasekwa 4, Harare, a property Ms Chipiti claims to have donated to her late son Mr Johannes Dembaremba in September 1994.
According to court documents, the elderly woman argues that the donation was made on the understanding that she would retain undisturbed rights to the house until her death.
Mr Dembaremba, who died in 2022, had lived on the property with his wife and children.
However, following his death, Ms Chipiti alleges that the surviving family members ignored her welfare, damaged parts of the property, barred her from entering the house and even went as far as calling her a witch.
The plaintiff now resides in destitution in Tongogara, Whitecliffe, Harare. In her declaration, Ms Chipiti explained that she raised her only child, Johannes, as a single mother after the death of his father in 1978.
Working as a maid in Harare’s low-density suburbs, she managed to buy Dzivarasekwa stand and began building a modest three-roomed house.
In September 1994, she donated the property to Johannes so he could secure a loan from his employer, the City of Harare, to complete building the house.
Ms Chipiti claims the donation was made on the understanding that Johannes was acting on her behalf and that she would retain the right to live in the house.
The property was officially transferred to Johannes in September 1995 under Deed of Transfer Number 04697/95.
However, Ms Chipiti alleges that neither Johannes nor his wife fulfilled their obligation to care for her despite her being diabetic and hypertensive.
Court papers outline a series of grievances including the destruction of parts of the property, neglect and accusations of witchcraft directed at Ms Chipiti by her daughter-in-law and grandson.
She claims they enlisted false prophets to brand her a witch while denying her access to the property.
Arguing that the actions of Johannes and his family constitute gross ingratitude, Ms Chipiti has revoked the donation and is seeking a court order to confirm the revocation.
“Wherefore, plaintiff prays for an order against the defendants in the following terms: confirmation of the revocation of her donation of Stand Number 3762 Dzivarasekwa,” read the court documents.
Mr Rufu Makoni is representing Ms Chipiti in the case while the first and second defendants Mr Tatenda Dembaremba and Ms Tepalepa have Mr Scott Mamimine as their legal representative.
