Online Reporter
Tendai Gukutikwa
Weekender Reporter
A HONDE Valley man is attempting to claim a share of his late best friend’s estate, in a move that could disinherit the deceased’s family.
Amos Nyambuya and his wife, Laina Mapureti, were reprimanded by Chief Mutasa last Saturday, who ordered them to stay clear of the Musvipa family affairs.
The case pitted Nyambuya against Joseph Musvipa, younger brother to the late Hosea Musvipa.
Nyambuya insisted he had a right to continue occupying a piece of land allegedly allocated to him before Hosea’s death, claiming he had “inherited” it.
Nyambuya told the court that in 2022, Hosea had given him the land while Joseph was away in Mozambique, and that he has since established a banana plantation on the property.
“In 2022, Hosea gave me the land, and at that time Joseph was not around as he was in Mozambique. Hosea was my best friend and upon his death, the land automatically changed hands because he had given it to me. Joseph only came back in December and started demanding that I return the land after his brother had passed on,” said Nyambuya.
He argued that although he acknowledged the land originally belonged to the Musvipa family, he had been using it with Hosea’s approval, and should not be forcibly removed before harvesting his produce.
“I was using the land temporarily, but I cannot just walk away and leave my banana plantation. He should give me time to harvest what I planted,” he said.
Nyambuya further told the court that even the village head had initially declined to intervene in the dispute, citing the presence of his crops on the land.
“The village head said the matter could only be resolved after I had removed my products from the land. Hosea told me that he had repossessed the land from Joseph, so I do not understand how Joseph can now come and evict me,” he said.
His wife, Mapureti, supported his claims, telling the court that the couple had initially rented the land from Joseph before Hosea intervened and stopped the arrangement.
“Joseph had allowed us to use the land on condition that we pay US$20 per year. Later, Hosea came and told us not to pay anything, saying the land belonged to him, and that Joseph had no right to lease it out,” she said.
She added that they had continued to use the land under Hosea’s authority and had invested in banana farming, only for Joseph to return after his brother’s death, demanding that they vacate.
“Now that his brother is no more, he wants to evict us and enjoy the fruits of our labour. We even suggested that we share the land, but he refused. We should share the land because we were gifted the land by Hosea,” she said.
However, Joseph Musvipa dismissed the claims, accusing Nyambuya of overstepping his boundaries and attempting to take over land that did not belong to him.
“Nyambuya came to me asking for a small portion to plant beans. I showed him where to plant, and told him to harvest and leave after three months,” said Musvipa.
He alleged that Nyambuya later expanded his activities without permission.
“I was shocked to see him planting bananas. When I confronted him, he claimed the land now belonged to him, and that he was given authority to do so by my brothers, Hosea and Israel. These are more than 10 000 banana plants that we are talking about,” he said.
Musvipa further told the court that his late brothers, including Hosea, had a history of grabbing other villagers’ land, a practice he had refused to participate in.
“They once asked me to help them grab people’s land, but I refused. They said they would do it themselves and later take mine as well because I did not want to be part of their activities, and this is how he ended up giving away my land to Nyambuya,” he said.
In his ruling, Chief Mutasa chastised Nyambuya for attempting to involve himself in a family inheritance matter that did not concern him.
“Nyambuya, you are not supposed to be entangled in Hosea’s estate. The land belongs to the Musvipa family, and they have the right to decide what to do with it,” said the Chief.
He stressed that friendship with the deceased did not entitle Nyambuya to claim ownership or inheritance.
“You cannot claim anything from his estate, simply because you were friends. This is a family issue, and you must stay out of it,” he said.
Chief Mutasa also dismissed suggestions that the land be shared between Nyambuya and Joseph, saying that the rightful ownership lays with the Musvipa family.
“You cannot propose to share land that does not belong to you. That land belongs to Joseph and his family,” he said.
However, the chief acknowledged Nyambuya’s investment in the banana plantation, ruling that the issue of compensation should be addressed separately.
“If it is about your crops, you can pursue compensation, but that does not give you ownership of the land. If the family says you must leave, then you must leave,” he said.
He also cautioned Joseph against interfering with the crops before the matter of compensation is resolved.
“Musvipa, you should not touch the bananas knowing they do not belong to you. Let the issue of compensation be handled properly,” he said.
