A BULAWAYO family is living in fear of being ejected from their Waterford home after their family house was allegedly sold without their knowledge to someone who has since been granted an eviction order by the High Court.
In an urgent chamber application, Peter Chipfunde and his wife Nyaradzo said Magret Mwinga of 4 Silver CX building between 14th Avenue and Josiah Tongogara Street erroneously obtained a court order to compel the deputy sheriff to evict them and the registrar of deeds to transfer house number 4 Richard Allen Road, Waterford to her name.
“The order was erroneously sought or granted on the following reasons: I have been in lawful occupation of the house for many years now and I am in possession of the title deeds to the house.
“The order granted does not cite me and my wife yet am directly affected by the order since the house in question belongs to me. Further Mwinga acknowledges in her default judgment application on paragraph 12 that they were duly informed of the sale of the house to me and that I am the holder of the title deeds,” Mr Chipfunde argues in the application.
He added that despite filing an application to the High Court to cancel the pending eviction, Mwinga went on to instruct the deputy sheriff to execute judgment of eviction against him. The notice and writ of ejectment, he said, did not cite him as a respondent.
“For the record, I cannot be evicted by a writ of ejectment which does not cite me as the respondent or defendant. Ironically, the defendants listed are not in occupation of the house,” said Mr Chipfunde.
He added that the court should intervene on an urgent basis, to prevent his family from being thrown into the streets as they do not have alternative accommodation or alternative remedy. According to a copy of the writ of ejectment obtained by Sunday News, the notice was granted against three defendants Sonny Kuzomunhu Chasi, Edwin Sakubani and Nsunguli Matiwaza.
Mr Chipfunde alleged that he has no relations with the cited defendants. In addition, Mr Chipfunde said he had a right to the house in dispute and the balance of convenience favours him.
“I have a prima facie right to the house in dispute and I am advised by my legal practitioners that I have a good case for rescission and I have no other remedy available to me except to seek this interdict ending execution,” Chipfunde said.
At the time of going to print, Mr Chipfunde’s lawyers from Cheda and Partners were still trying to obtain an urgent court interdict to prevent the pending eviction.
Source: Sunday News