A HARARE woman faces homelessness after relatives of her deceased husband shared the couple’s estate before she could register it with the Master of the High Court.
The widow Elizabeth Muchenje could not get the relief she wanted after the High Court struck off the roll her court challenge.
Muchenje had cited her relatives Fanuel Muserenga, Freddy Chimbuye and the Master of the High Court as respondents in her court challenge.
ln an urgent chamber application before High Court judge Justice Fatima Chakapamambo Maxwell, Muchenje was seeking a spoliation order against Fanuel and Chimbuye.
According to court papers, Fanuel and Chimbuye took advantage of the death of Muchenje’s husband, Gilbert Maserenga and plundered the couple’s Estate.
Muchenje was left with nothing and could be evicted anytime from the remaining property.
Muchenje stated that she was customarily married to Gilbert, and the marriage was blessed with one child who is now five years old.
He passed away on January 1, this year.
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On January 4, she returned from the rural areas where she had gone to bury her husband and was told by Fanuel and Chimbuye that she faced eviction.
They allegedly continued harassing her on separate occasions.
It is alleged the duo also took two vehicles that belonged to the couple.
Her attempts to report the matter at Southlea Park Police were not successful as she was advised that it is a civil matter.
She alleged that Fanuel, Chimbuye and other relatives are not co-operating with her to register the estate of her late husband, resulting in her approaching the High Court for recourse.
In her court application, Muchenje averred that she was despoiled of all the assets.
But the duo opposed her application saying Muchenje was customarily married to Gilbert.
They also disputed sharing property without registering it with the Master of the High Court, which registration they alleged was being frustrated by Muchenje.
Fanuel alleged that stand number 1534 Southlea Park, Harare is registered in the name of his late uncle’ s late wife Olivia Gwamba.
The High Court judge struck the matter off the roll.
“In addition, there were material disputes of fact which could not be resolved on the papers before me. The application be and is hereby struck off the roll with costs," Justice Maxwell ruled.
