by Richard Muponde
THE son of the late popular traditional healer Sekuru Ndunge born, Charles Makuyana, Jabulani and his estranged wife are embroiled in a bitter court wrangle over the distribution of property following their divorce recently.
Makuyana has approached the Chipinge magistrate courts seeking to distribute property with his estranged wife, Ethel Loreen Jenhu to whom he was customarily married since 2003 until their divorce last year.
In his particulars of claim, Makuyana is seeking the return of three vehicles; a Toyota Prado, Toyota Bubble, and Toyota Picnic, which were given to him by his late father, four car radios and a house in Usunga Suburb in Chipinge.
He also contented that his estranged wife has in her possession two Honda Fit vehicles, a stand in Glenview Park suburb in Chipinge and household property.
“During the union’s blissful seasons the parties were blessed with a minor child (name given) born in 2004. Plaintiff (Makuyana) purchased stand number 1961 Usunga from Defendant (Jenhu)’s mother, Beauty Chumuriwo and developed it into a full house. Plaintiff was given three motor vehicles to use by his later father namely a Toyota Prado, Toyota Bubble and Toyota Picnic and also acquired the movable property,” said Makuyana.
He said he also helped Jenhu to start a chicken project from which she managed to buy the Honda Fit vehicles which she now uses as taxis and also bought a stand in Glenview suburb in the Eastern Highlands town.
“Defendant will be unjustly enriched at the expense of plaintiff if acquired property is not distributed in terms of the proposed method. Defendant should get two Honda Fit vehicles, household property and a stand in Glenview suburb in Chipinge,” he said.
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However, Jenhu opposed the claim arguing that her former husband included property which did not belong to them and had also left out other properties.
“It is denied that the Plaintiff (Makuyana) gave any financial assistance to the Defendant to start a chicken or transport business. If anything, the Plaintiff was frantically trying to thwart the Defendants’ efforts. The two Honda Fit vehicles were acquired by the Defendant and Plaintiff didn’t contribute anything. It’s vehemently denied that Defendant acquired any stand in Chipinge. Plaintiff is put to strict proof thereof,” Junhe said in her response.
“That constitutes bad pleading. The suggested distribution pattern is flawed, unjust and unfair. It includes property that doesn’t belong to the parties at law and fact, it further omits without legal justification of several other properties that should be included. The Plaintiff‘s prayer is unjust and unfair and in some instance, incompetent and should be dismissed with costs. Wherefore the Defendant prays that the claim be dismissed with costs.”
Chipinge magistrate Joshua Nembaware then referred the matter for trial.
