Son ordered to repay dad $3 000

Sukulwenkosi Dube-Matutu, Gwanda Correspondent
A GWANDA man has been ordered to pay back his 86-year-old disabled father about $3 000 which he defrauded him of after selling the old man’s house.

Mr Peter Ndebele who is the village head in Lushunge dragged his son, Patrick Ndebele and brother-in-law Alex Nyathi to court after accusing them of defrauding him of money which they were supposed to hand over after selling his house for $9 000.

He told the court that his son was refusing to give him the balance after claiming that the house belonged to him.

In passing judgment Gwanda magistrate, Mr Obedience Matare said evidence brought before the court had shown that the pair sold the house and gave the old man $5 682 leaving a balance of $3 318.

“Patrick Ndebele is claiming that the house in question belongs to him as his late mother left it for him. There is no evidence which has been produced to prove that the house belonged to him or his late mother or that he contributed anything towards building the house.

“In civil proceedings cases are proved by production of evidence. The evidence that has been produced shows that the plaintiff received $5 682 from $9 000. Therefore the defendants are to pay plaintiff $3 310 plus costs of suit,” he said.

Ms Mitchel Chigova of TJ Mabhikwa and Partners told the court that her client Mr Ndebele was accompanied by his son and brother in law to sell his house in New Magwegwe Suburb in Bulawayo.

She said Patrick and Nyathi collected the payment on his behalf and gave the old man part of the money and were refusing to give him his balance.

“Sometime in 2016 the two respondents who are his son and brother-in-law accompanied my client to Bulawayo to sell his house in New Magwegwe. He couldn’t go alone as he is disabled and uses a wheel chair and has difficulties in speech.

“They assisted him to look for a buyer who agreed to buy the house for $9 000 and they agreed that he would pay for the house on a later date.

“My client then asked the respondents to collect the money on his behalf as travelling was a challenge for him. They only gave him part of the money. My client has been trying to claim his money from the respondents but they are not cooperating which has forced him to approach the court,” she said. — @DubeMatutu