Mashudu Netsianda Senior Court Reporter
THE family of late businessman and former Masvingo provincial chief lands officer, Aube Musanhu, is locked in a protracted legal battle with his ‘girlfriend’ over the ownership of a farm which she allegedly fraudulently registered in her name. The family, under Aube Musanhu Family Trust, last week filed an application at the Bulawayo High Court seeking an order that compels the Ministry of Lands and Rural Resettlement to issue them an offer letter for Sub-Division 5 of Farm 7 & 8, Hippo Valley in Chiredzi.
The family is accusing Cecil Madondo, the executor of the estate of the late businessman, of conniving with Aube’s alleged former girlfriend Chipo Munguma to register the disputed farm in the latter’s name with the authority of the Master of the High Court.
Munguma is a Masvingo-based businesswoman. In the court papers, Aube Musanhu Family Trust is the applicant while the Ministry of Lands and Rural Resettlement, the Master of the High Court, Madondo and Munguma were cited as respondents.
In his founding affidavit, George Musanhu, a trustee, said Aube Musanhu Family Trust, which is registered with the Master of the High Court under DR Number 1179/10, is the sole beneficiary of the estate of the late businessman.
“This is an application for an order compelling the first respondent (Ministry of Lands and Rural Resettlement) to issue Aube Musanhu Family Trust with an offer letter for Sub-Division 5 of Farm 7 & 8, Hippo Valley in Chiredzi. The applicant is the sole beneficiary of the farm as appears from the confirmed distribution account,” said Musanhu.
He said the family was not aware until recently that Madondo had fraudulently registered the farm in Munguma’s name without authority from the Master of the High Court. Madondo, in his capacity as the executor of the estate, was solely in charge of the farm until November 2014.
The family is also accusing Madondo of criminally abusing his powers and having personal interests in the estate by trying to steal their inheritance through registering a secret trust six months after the estate of the late Aube Musanhu was confirmed by the Master of the High Court.
“The four trustees of the secret trust are Madondo and Munguma as well as two other ex-girlfriends of the late Aube Musanhu, Yeukai Chahwanda and Rudo Mawedzera. Madondo is sabotaging our family’s inheritance in order to protect Munguma in whose name he registered the farm without permission from the Master of the High Court,” said Musanhu.
He said Madondo misled the Ministry of Lands and Rural Resettlement into refusing to issue an offer letter to their family trust. “Munguma doesn’t deserve to own the disputed farm because she already owns a farm called Sub Division 2 of 7 and 8 in Chiredzi. In terms of the Land Reform Act, she has no legal right to own another farm and the court mustn’t hesitate to revoke the second offer letter,” said Musanhu.
“The deceased’s own offer letter was never revoked hence Madondo’s allocation can best be described as double allocation. Even if the deceased is obviously dead, he has been alive through the executor hence his offer letter did not die with him.”
Musanhu said the Ministry of Lands and Rural Resettlement issued Munguma an offer letter without verifying with the office of the Master of the High Court.
According to the relief sought, the applicant seeks an order that compels the Ministry of Lands and Rural Resettlement to issue them an offer letter for the farm.
“In the event that the Land Reform Act can no longer allow registration of a farm in the name of a company, the ministry be ordered to issue the offer in my name in my capacity as the applicant’s representative pending the issuance of a new offer letter,” said Musanhu.