adminLeonard Ncube Court Reporter
“I HAVE invested and lived on this plot all my life. Where should I go at this age? The government should intervene for justice sake,” this is a passionate plea from an 81-year-old man who faces eviction from his Worringham plot on the outskirts of Bulawayo.Luke Thenjwayo Sibanda, bought Plot 10 in Worringham in 1981 and is now being evicted by his in-laws who want their grandson to occupy thee land.
According to court documents, his in-law Bongi Laurent Ndebele of Penrith Road in Morningside, successfully auctioned the plot on March 28 last year.
Sibanda was due for eviction yesterday after getting a notice from the Deputy Sheriff on December 27, last month. Businessman Mark Russell and his wife Beatrice Russell bought the plot for $50,000 and are now pushing for Sibanda’s eviction with the help of Ndebele.
Sibanda, in his submissions said he bought two plots, one in 1981 and another at Worringham Remainder in 1984.
He reportedly added his only son’s name, Thabani, now late as a beneficiary on the advice of his lawyers, Webb Low and Barry Legal Practitioners.
Thabani, married Jacqueline Ndebele and they had one son Sipho Brandon Sibanda, turning 19 in May.
“Thabani died in 1998 and the Ndebeles took away his wife and all property after 26 days. The plot had accumulated debts as Thabani and his wife used my name to get credits for their chicken keeping project. I sold the plot to clear all the debts and Jacqueline had remarried a Mafu.
“I did not anticipate any bad blood. They took Sipho but he would visit me and I would also visit him at school until in 2009. All of a sudden I received summons from Ndebele accusing me of stealing Sipho’s inheritance. Ndebele claims I should have given three-quarters of the proceeds to Sipho,” said Sibanda.
Sipho wrote his Advanced Level examinations last year and is reported to be in South Africa as his maternal grandparents want to keep him away from his paternal family.
Last year, Sibanda was convicted and fined $300 as the two families fought over property. Ndebele argued that Sipho’s late mother directed that his maternal grandparents had sole responsibility over him.
Sibanda said this was unfair to him as Sipho is the only surviving relative and had added him on his will as a sole beneficiary of his property.
“We saw an affidavit, how can I be barred from seeing my own grandson. We paid lobola in full and now I wonder if he is really my grandson. The plot was sold without my consent and Russell should know that,” he said.
“I wish I could get assistance to pursue my case because I cannot just lose my plot. I offered to give Sipho part of my plot so that he would inherit everything when I die Ndebele wants money out of it.”
Sibanda believes that his in-laws want to destroy his assets leaving Sipho with nothing from his paternal family.
“I think they want to see me homeless and ensure that Sipho gets nothing from me,” said Sibanda.
Sibanda argued that he was not aware that the plot had been auctioned until he saw the notice of eviction. The Ndebeles argue that Sipho should inherit the plot because his father contributed towards the purchase.
Said Ndebele: “This issue was concluded long back. They said their son died without a wife and went on to sell our grandson’s plot. Otherwise that property is mine because I am the one taking care of Sipho. It’s not true that we are hiding him, he is on holiday in South Africa.”
However, the Russells would have none of it as they seek leave to authorise the Deputy Sheriff to sign the transfer of ownership papers on behalf of Sibanda who has refused to do so.
“I pray that the Deputy Sheriff be authorised and directed to sign the transfer documents being the power of attorney to make transfer, declaration by seller on behalf of Sibanda, the same be directed to eject the respondent from Plot 10 and that the respondent pays cost of suit,” reads the order sought by Russell.
Justice Martin Makonese granted the order.
Online Reporter