Jailed Sabawu claims US$260 000

claiming US$260 000 from his two stepsons as loss of potential revenue due to their continued “illegal” stay at his motel.
The property is located in Marlborough.
Sabawu is also seeking an eviction order against the two brothers -Vusa and Themba Dzimbwasha and all those claiming title of Lot 1 of Good Hope also known as Globe Trotter Motel.
“I seek payment of US$20 000 per month for loss of revenue from February 2, 2009 to date of full payment,” Sabawu submitted in an urgent chamber application filed at the High Court this week.
Sabawu through his lawyers, Musekiwa and Associates, averred that he is the holder of rights title and interests in Plot 1 Good Hope.
He submitted that he married his late wife – Charity Sabawu (nee Mukarati) under the customary law.
The two stepsons, he submitted, were children from her previous marriage and, as such were not biologically related to him.
Sabawu averred that his late wife had invited Vusa and Themba to stay with her at the property which he bought before marrying her.
“The relationship between the deceased (late wife) and plaintiff (Sabawu) had soured and the deceased moved to occupy rooms, which were being used as the motel overnight lodgings by plaintiff,” he submitted.
Sabawu claimed that his late wife and her two sons started letting out rooms disrupting business at the motel.
He submitted that he had then approached the courts and was granted an eviction order against them under case number HC10675/04.
However, Sabawu alleged that they refused to vacate the premises until his wife died in 2008.
“Defendant one and two (Vusa and Themba) have been requested several times to give vacant possession of the motel lodgings to plaintiff, but have refused and remained adamant that they are entitled to stay at the premises since it was the deceased share of the estate,” he said.
Sabawu alleged that his two stepsons have since appointed an executor of their late mother and has since moved in to stay at the property.
“They have also proceeded to lease out motel lodges to the public and collecting revenue. The plaintiff would realise US$20 000 or more per month as gross revenue of motel had it been operational,” he submitted.
He alleged that his stepsons have turned the motel into a residential place in violation of council by-laws. Sabawu stated that he has no legal obligation to support, maintain or provide for his stepsons with any form of accommodation.
He said it would be just and equitable if they were evicted from his property so that he can revive business operations.
However, his stepsons represented by Gonese, Jessie Majome and Company in their opposing response argued that Sabawu’s claims were a blatant misrepresentation of facts.
“Plaintiff refers to case HC10675/04 which was no ordinary vindication action against the late Mukarati as implied but a divorce matter between the two parties,” the brothers said.
They submitted that Sabawu should be put to the strictest proof that to date he has not yet paid any maintenance to their mother in defiance of the court order.
They argued that they have legitimate cause to remain on the property since their mother lived there and she holds a significant stake. Sabawu’s claims, they submitted, were only “motivated by pure malice, the same malice which brought him to murder their mother in cold blood.”
Further, by so doing Sabawu would assume unbridled total possession of the entire estate and so unlawfully benefit from his murder victim a situation that has no tolerance at law, they said. The case yet to be set for hearing will be presided over by Justice Susan Mavangira.