18 February 2019
A CITY man has appeared before the court accused of selling a matrimonial home without the consent of his former wife.
Innocent Denis George Mutsetsema was not asked to plead when he appeared before Harare magistrate Obedience Matare.
The State led by Hatizivi Chatikobo demanded to have witnesses testifying over the matter which was remanded to tomorrow for trial continuation.
It is alleged that the accused person was once married to the complainant, Margaret Rugare Tichareva and they both owned a house in Kuwadzana.
However, Mutsetsema left the marriage for another woman leaving the matrimonial home under the care of his ex-wife.
It is the State’s case that Tichareva stayed in the house with her children until the death of her son which ignited a conflict between her and Mutsetsema, who threatened to fix her by selling the house.
Reports are that Tichareva did not take these threats seriously since the house was owned by two people, it was not possible for it to be sold by one party.
Sometime in 2007, the complainant was given a 30-day eviction notice and advised that the house has been sold.
Upon receiving the notice, Tichareva notified her lawyer who contested the sale of the house which Mutsetsema had done without her consent.
The accused in the pre-trial agreed to give the complainant 50 percent of the proceeds of the sale of the house.
It is alleged that after sometime Mutsetsema went to his ex-wife and told her that he was going to reverse the transaction of the sale of the house hence she could proceed to renovate the house.
The court heard from the complainant that soon after renovations, she received summons from the court and was evicted from the house.
Tichareva told the court that she spent a lot of her hard-earned money in renovating the house and she was hurt to think that she was homeless now.
The State counsel however proved that Tichareva had no legal interest in the house because it was not registered in her name but was in the name of the accused instead.
The complainant only signed the documents of the house not as the sole owner but as a witness hence she has on legal right to the house.