TWO Mutambara men are at crossroads over their late relative’s estate after one inherited a house while the other inherited the land that carries the house.
The matter, which was initially heard by v Mutambara, has spilled to Mutare Civil Court, with Richard Chikomba suing Luke Chikukwa over a piece of land in Mutambara.
In his ruling, Chief Mutambara said Chikomba is the rightful heir and should take ownership of his late mother’s house.
However, Chikukwa was declared as the owner of the land.
Chikomba, however, argues that he cannot inherit the house and not own the land where it sits on.
He has since appealed against Chief Mutambara’s ruling.
Mutare magistrate, Mr Xavier Chipato presided over the matter on Monday and ordered the duo to furnish the court with supporting evidence.
He adjourned the matter to a later date.
The estate in question belonged to Chikomba’s late mother (whose name was not supplied), who was Chikukwa’s aunt.
Chikukwa is claiming the property on the basis that his late father bought the land for his sister (Chikomba’s mother) in 1974 and presented it to her as a gift.
“Chikomba cannot inherit this land because he hails from Mutasa, not Mutambara. He should own land in Mutasa. Chief Mutambara ruled that Chikomba should inherit the house and do whatever he wants with it, while I get the land. After all, my father bought the land. I should inherit it.
“Chikomba built a house for his late mother on the said land and therefore it is only fair that he inherits the house. What he will do with it is none of my business. He can sell it or uproot it then plant it in Mutasa.
“All I know is that the land is mine. It was bought by a Chikukwa as a gift to his sister who was also a Chikukwa family member. The Chikombas should not try to inherit our wealth,” charged Chikukwa.
But Chikomba fumed: “Where will I take the house? I am the rightful heir and should take charge of the estate. After all, that land belonged to my mother after her brother. Chikukwa’s father bought it for her. As her son, I am the legal heir and should inherit all her property.
“The chief ruled that we should share the property — with me getting the house, while Chikukwa gets the land. However, this is not feasible.
“You certainly cannot get a house without the land. Chikukwa wants to use the land for business, and that will force me to surrender the property. I know they will destroy the house but I will not allow that to happen.
“I am contesting that ruling because I am the rightful heir to the estate,” he said.
— Manica Post