A BULAWAYO man has chucked his nephew out from his late father’s house, after allegedly selling the deceased’s other house, leaving his relative stranded without a home.
SILAS NKALA STAFF REPORTER
According to court papers, Samuel Chipangura, the only surviving son of the late Chiriye Chipangura, was evicted from house number 5479 in Gwabalanda in Bulawayo by his uncle Leonard Chidzumo on January 26 this year.
This was after the court granted Chidzumo’s application for an ejection order against Chipangura through a default judgment, as the respondent, his nephew, did not attend court, claiming he was not advised of the court date.
The new developments come after he had initially successfully challenged the first eviction order, which was granted against him on July 12.
On January 12 2014 Chipangura filed an ex-parte application, seeking an eviction order to be set aside on the grounds that he was the rightful beneficiary of his father’s estate and at the time judgment was made in his absence, he had not been advised of the court date.
His application was granted at the Bulawayo Civil Court and the eviction was set aside before he was told that he would be given another court date.
He left his papers for rescission of the ejection order.
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But on January 26 this year, he was shocked to see his uncle coming to the house with a new ejection order, which was issued on the grounds that he had defaulted appearance in court.
In his January 12 2015 ex parte application founding affidavit, which blocked his initial eviction, Chipangura submitted that he is the elder son of late Chiriye who sadly passed away on July 6 2014.
He said he had earlier on received summons from his uncle for eviction from the house.
Chipangura said he had also attended a family meeting, where it was agreed that his uncle withdraw the summons he had filed at the court.
He said, as a result, he did not file appearance to defend papers, since he trusted that the matter had been settled out of court.
“I was not in wilful default your worship,” he prayed.
“After perusal of the court record, I discovered that a default judgment was granted after the death of my father.
“I am also advised that on the death of my father, the applicant (Chidzumo) lost his status as curator and instead an executor of my father’s estate should have been appointed to run the affairs of my father.
“The applicant is my uncle, I am not sure how he was granted status of curator.
“I am also a beneficiary in the estate and I feel that the applicant has employed a wrong procedure as he is trying to use the court for his sinister motives.”
Chipangura said his father had two houses and his uncle sold one of the houses and was surprised that he was now evicting him from his father’s remaining property.
“I would also state that my father was admitted at an old people’s home and never at any time did the applicant visit him and I am shocked as to why he has all of a sudden developed interest in my father’s estate.”
The late Chipangura married twice, the first wife being Chidzumo’s sister and the other being Chipangura’s mother.
It is stated that the late Chipangura bought a house for his first wife in Lobengula before they divorced soon after he married Chipangura’s mother.
When the late Chipangura fell ill, his ex-wife and her children, one based in the United States, reportedly agreed that he be put at an old people’s home and after his death they organised his burial.
After the burial, Chidzumo reportedly started fighting the surviving son over his father’s property. Chidzumo and his sister reportedly sold the Lobengula house.
Chipangura says when all this happened he was still young. Chipangura’s mother died early this year while at their rural home, leaving his son residing at their Gwabalanda house.
