MP, woman house wrangle rages on

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THE matter of MDC-T MP for Pelandaba/Mpopoma, Samuel Sandla Khumalo, in which he is being sued for more than $14 000 by a Bulawayo woman after he refused to vacate a house sold by his late mother 12 years ago, still rages on at the Bulawayo High Court.

REPORT BY RICHARD MUPONDE.

Nqobizitha Ndlovu, representing the woman, Nozizwe Ncube, is pushing the court to set a trial date after they recently attended a pretrial conference.Ncube in her summons, which are before the High Court, said she bought house Number 61842 in Pelandaba — where Khumalo is presently residing — from his mother, Joyce, in 2000 before her death years later.

However, Khumalo refused to vacate the house and she wants him to pay damages of $14 350,22.

“The plaintiff (Ncube) paid the full price of ZW$140 000 and obtained transfer of the property, which is registered at Deeds of Registration under plaintiff’s name,” Ncube’s summons read. “The plaintiff sought to obtain

vacant and undisturbed possession of her property, but the defendant (Khumalo) refused to surrender vacant possession to the plaintiff.

“From October 13 2000 to date of issuing of these summonses, the defendant remains in occupation of the house. The defendant is in occupation of the house for free and has never paid a cent towards rentals.”

Khumalo has also been accused of not paying rates to the Bulawayo City Council for the house.

“As a result of the defendant’s refusal to vacate the house, the plaintiff has suffered financial prejudice over years, as she could neither occupy the house nor lease it, to enjoy the fruits of her investment,” she said.

However, Khumalo opposed the case in his plea and said he had every right to live in the house, as his late mother had contested Ncube’s right to the house in 2002.

“The matter is lis pendens (pending) with this honourable court case number HC 122/02,” he said. “Defendant has usufruct (right to use) on the property as it belongs to his late mother, defendant has no obligation to pay rent at law or morally.

“Plaintiff is the one making it impossible to defendant to pay city council rates.”