Maria Sithole has finally won back her matrimonial house which was illegally sold by her husband in 1997 after Harare High Court judge Justice Mary Dube nullified the sale.
The Glen View house was sold by Maria’s husband, Mathias Sithole despite a High Court order prohibiting the sale. Mathias Sithole later died in 2013 while facing charges of contempt of court. Even though Maria Sithole appealed against the sale in 1997, the case was delayed after she ran out of money for legal fees. The case was resumed after lawyer Caleb Mucheche offered to represent her for free following a request from the Zimbabwe Widows and Orphans Trust.
In her ruling Justice Dube said,
The applicant’s claim succeeds. The sale of stand number 2395 Glen View held under Deed of Transfer No. DT 4347/90 by the first respondent (Mathias Sithole) to second respondent (Ceck Enterprises) be and is hereby set aside. The transfer of stand number 2395 Glen View from the first respondent to the second respondent registered under DT 9235/97 be and is hereby set aside.
…A deliberate disregard of a court order constitutes contempt of court. It has the effect of violating the court’s dignity, repute and authority, It is the duty of the court to regulate its own orders. The court cannot sit back and watch while its orders are being disobeyed.
As a result, the court regard anything that is done contrary to a court order to be of no force and effect and is regarded as not having been done at all.
Ceeck Enterprises, the company which had initially bought the house from Sithole was ordered to pay the costs of the suit.
More: Herald
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