PROMINENT Harare lawyer Priscilla Munangati’s bid to evict an orphan and his nephew from the former’s deceased father’s Mandara house, after she was appointed executor of the deceased’s estate, was temporarily halted.
The duo’s lawyer successfully applied for the rescission of the judgment passed by the Civil Court in favour of Munangati.
Innocent and Lincoln Sibanda were on the verge of being ejected from the house in Mandara by the Messenger of the Court following an order issued to that effect by the Civil Court after an application by Munangati.
“Whereupon after hearing counsel and reading documents filed of record, it is ordered that, an order for ejectment of the defendants and all those claiming right of occupation through them from Stand 342 Mandara Township of Lot 12A Mandara, also known as No 12 Riverton Road, Mandara,” reads the judgment.
Through their lawyer, Kiven Musoni of Musoni Law Chambers, the duo however successfully applied for the rescission of the judgment, which was issued in default, and entered an appearance to defend.
They argued that there was improper citation of Innocent’s surname, which was supposed to be Sibanda, and not Supuni.
“Applicants and all those claiming occupation on the premises are beneficiaries to the estate of the late Amos Supuni in which respondent is the executor dative. As such applicants together with the children of the late Amos Supuni should benefit undisturbed occupation of the house of their late father Amos Supuni,” Musoni said in the application.
“Respondent should not be allowed to seek self-interest in a matter where the late had left children behind who should benefit from their father’s estate.”
In a letter dated May 27 2014, Munangati said she was not opposed to the correction of the defective surname, but insisted that she would proceed with the eviction.
“For your information, we were in the process of filing a notice of withdrawal of the defective summons so that we issue fresh summons with correct citation of 1st defendant,” Munangati said in a letter addressed to Musoni.
The matter will be heard at the Civil Court today.