THE Mutare High Court has dismissed an application for condonation filed by two Chikanga siblings whose family house was allegedly sold by their older siblings behind their back.
Emmanuel Muchafuruka and his sister, Patricia Apollonia Muchafuruka of Chikanga, made an application for condonation before the High Court, with the hope that they would be given another chance to file their papers before the same court.
However, High Court Judge, Justice Isaac Muzenda presided over the case and dismissed the application with costs.
“Whereupon after reading documents filed of record and hearing counsel, it is hereby ordered that the application for condonation be and is hereby dismissed. Applicants should also pay costs that were incurred by the fourth and fifth respondents,” reads the judgment.
The siblings had cited their three siblings: Artwell Muchafuruka, Sandra Muchafuruka, Shyleen Muchafuruka, Polker Executor Services, Jeremiah Matenhese, Master of the High Court Mutare, Enerst Porusingazi, Tonderai Marange and Mutare City Council as respondents.
Despite Justice Muzenda’s ruling, the criminal matter between Bishop Matenhese and an accomplice, Kingstone Pukutayi Munjari (66), is still pending before the Mutare Magistrates’ Court.
The bishop is being charged with fraud after he allegedly filed forged waiver security forms before the Mutare High Court, resulting in the Muchafuruka family losing their late father’s house.
Bishop Matenhese and a local Commissioner of Oaths, Munjari, were arrested and are being charged with fraud as defined in Section 136 of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
Ms Perseverance Makala presided over the case when it first appeared in court, while Mr Tom Nyatsuro prosecuted.
It is alleged that on February 28, 2008, Phineas Muchafuruka died and left his children —Talent, Artwell, Emmanuel, Shyline and Sandra — as beneficiaries of his estate.
The estate was registered with the Master of High Court under DRME 102/18.
“Artwell forged a general power of attorney signed to his name, purporting that the document had been signed by the other absent beneficiaries, thereby giving him a proxy to act on behalf of the other children.
“The other children were not aware of this meeting and neither did they sign any general power of attorney to nominate Artwell as their proxy,” said Mr Nyatsuro.
After Matenhese was nominated as the new executioner of the estate, he allegedly went on to file the forged waiver of security forms with the Master of the High Court, purporting that the documents were signed by the beneficiaries.
This again is alleged to have been done without the knowledge of Emmanuel, Talent, Shyline and Patricia as they never signed any waiver of security documents.
Matenhese is alleged to have made a request to the Master of the High Court seeking for consent to sale the Chikanga house.
In his request, he attached a document which was commissioned by Munjari.
“The document was purporting that all the beneficiaries had consented to sell the house. The document had forged signatures against the names of Emmanuel, Shyline, Talent and Patricia despite them having never signed it or appearing before the commissioner of oaths to give consent,” said Mr Nyatsuro.
It is alleged that Munjari went on to commission the consent to sale document in the absence of the signatories.
Mr Nyatsuro said the fraudulent document was then used by Matenhese to request for the consent of the Master of the High Court to sell the property.
The request was granted, leading to the disposal of the house. – Manica Post
