Abusive sons evicted from father’s house

Daniel Nemukuyu Senior Court Reporter
A Harare magistrate has ordered the eviction of three men aged between 27 and 33 from their parents’ Mbare house to free the elderly couple from abuse.

Mr Simon Nhenda and his wife were finally set free by the eviction order granted by magistrate Ms Nomsa Sabarauta after enduring decades of abuse at the hands of their three children – Christopher (33), Wadzanai (30) and Finish (27).

Christopher was resisting eviction arguing that he had assisted his parents to extend the Mbare property.

He also filed a counter-claim for $5 000 compensation from the parents for the developments he made at the parents’ house.

However, the court granted the eviction order against the three men and threw out the counter-claim.

Harare lawyer Mr Maxwell Mavhunga of Mavhunga and Associates represented Mr Nhenda while two of the defendants — Finish and Wadzanai — decided not to oppose the application.

In his affidavit of evidence, Mr Nhenda said his sons were in the habit of abusing him and his wife to an extent of wishing him dead.

“If we had lived peacefully and harmoniously, I would have not taken this course of action but the defendants are a nuisance.

“They drink illicit brews and beer and once they are drunk, they verbally abuse me and their mother to the extent of calling me a witch.

“The first defendant (Christopher) even queried why I was not dying when most of the neighbours of my age were now deceased,” said Mr Nhenda.

Mr Nhenda said he arrived at the decision to evict the trio after consultations with his wife, who is also their biological mother.

He added that the three were now adults and they should now start fending for themselves.

“I must hasten to state in my claim that I have the blessings of the defendants’ biological mother whom I live with and has had to endure a torrid time at their hands.

“I requested that the defendants as adults should vacate the house and fend for themselves and leave me and their mother but they flatly refused to do so,” said Mr Nhenda.

Mr Nhenda opposed Christopher’s counter-claim arguing that he never asked him to contribute towards the extension of the house.

“I did not ask him to do the extension as it was part of his social responsibility to us as his parents. In the same vein, would it also make sense for me to demand rentals for the whole period that they have stayed at my house?” queried Mr Nhenda.

Christopher, in his plea, vowed not to leave the Mbare house until he gets compensation for the contribution he made towards the extension of the property.

He argued that his father was approaching the court with dirty hands since he needed to first compensate him.

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