Daniel Nemukuyu Senior Court Reporter
Former Police Commissioner General Dr Augustine Chihuri’s family has been hit hard by financial challenges to an extent of petitioning the High Court for permission to sell an agro-residential plot in Goromonzi to pay school fees for three minor children.
The plot measuring 3,5 hectares, was registered in the name of one of Dr Chihuri’s children, 20-year-old Miss Samantha Chihuri, but three other minor siblings have usufruct to the same property.
In terms of the law, one cannot sell a property in which minor children have personal interest without seeking permission from the High Court, which is the upper guardian of all children.
Dr Chihuri’s wife, Mrs Isabel Chihuri, this week filed a chamber application at the High Court seeking an order empowering her to sell the property to finance the children’s educational needs. The minor children are aged 16, 11 and nine.
In the application prepared by Zimbodza & Associates, Mrs Chihuri said her major Samantha wanted to finance her college fees and related needs.
The same money, according to Mrs Chihuri, will also be used to pay fees for the other three minor children.
“The three have personal rights, namely usufruct on a property belonging to and registered in the name of Samantha Chihuri, born the first of June 1999, my major daughter,” said Mrs Chihuri.
“The deed of transfer is attached hereto as Annexure D. Samantha intends to sell the property to finance her college tuition and college-related needs. It is also intended that the money from this sale will also finance the school fees and school-related needs of the minor children.”
Mrs Chihuri wants the court to appoint Harare lawyer Ms Shoorai Gutsa as curator to the three minor children and to manage and protect the interests of the minor children in the transaction.
“I have nominated Ms Shoorai Gutsa, a senior legal practitioner, notary public and conveyancer who has agreed to be a curator ad litem for the said minor children,” said Mrs Chihuri.
“She will be able to assess and ascertain what is in the best interest of the said minors prior to the sale and transfer of the property.”
Master of High Court Mr Eldard Mutasa, who was cited as the respondent in his official capacity, is yet to respond to the application.