A Bulawayo woman is demanding $14 000 damages from Pelandaba-Mpopoma MP Samuel Sandla Khumalo (MDC-T) whom she accused of refusing to vacate a house she claims to have bought from the politician’s late mother 12 years ago. REPORT BY RICHARD MUPONDE SENIOR COURT REPORTER
In summons submitted before the Bulawayo High Court, Nozizwe Ncube claims she bought the property — house number 61842 in Pelandaba, where Khumalo is staying — from his mother Joyce Khumalo in 2000 before her death years later.
She wants Khumalo to pay her damages of $14 350, 22.
“The plaintiff (Ncube) paid the full price of Z$ 140 000 and obtained transfer of the property which is registered at Deeds of Registration under plaintiff’s name.
“The plaintiff sought to obtain vacant and undisturbed possession of her property, but the defendant (Khumalo) refused to surrender vacant possession to the plaintiff,” declared Ncube.
“From the 13th of October 2000 to the date of issuing of these summons, 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.”
Ncube accused Khumalo 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.
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However, Khumalo has filed an opposing affidavit saying 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 under case number HC 122/02.
“Defendant has a right to the property as it belongs to his late mother.”
The MP also said he was not obliged to pay “rent at law or morally”.
He said Ncube was making it impossible for him to pay city council rates.
