Domboshava kraal head asks court to sell rural home after split

Domboshava kraal head asks court to sell rural home after split

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A Domboshava man described as a polygamous kraal head has approached Chinamhora Magistrates Court seeking an order to sell a rural homestead and share property with his estranged partner following the end of their relationship.

Kefas Mushore (50), also known as “Sabhuku Bhuru”, is in dispute with Judith Maruta (33), who is the mother of his two minor children. The disagreement has drawn attention in the Mushayapokuvaka and Mushore villages area, with some residents questioning the push to sell a home while the children are still young.

According to court papers summarised in the report, the matter was first taken to traditional leadership, where Chief Chinamhora is said to have dismissed it, after which Mushore filed at the magistrates’ court.

Mushore told the court the relationship was an unregistered customary law union running from September 2021 to October 2024, when the parties allegedly ended the union. He said customary payments, described as “gupuro”, were made to Maruta’s relatives and argued that, although the union is not valid in law, it should still be considered for purposes of distributing property.

He stated that two minor children were born during the relationship, that the couple lived according to Apostolic religious norms and practices, and that both parties contributed towards acquiring movable and immovable property for the household. He also said there was no clear agreement on how property would be divided after separation.

Mushore said that during the union the parties jointly acquired a three-bedroom rural homestead in Mushayapokuvaka Village, measuring about 1,000 square metres, under Chief Chinamhora.

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In her answering affidavit, Maruta opposed Mushore’s proposed distribution, arguing she made substantial indirect contributions. She told the court she ran a hardware business and that proceeds were channelled into the household.

She also cited non-cash contributions, including household chores, cooking for builders, supervising construction work and caring for the children.

Maruta further argued that the minor children were co-buyers of the property and said their rights should be considered in any distribution order. She disputed that Mushore should be awarded the movable property he listed, stating some items were her pre-marital assets and not part of the joint estate.

Alternatively, she asked the court to order an equitable distribution that takes into account the needs and welfare of the children. Maruta argued that giving Mushore two-thirds and her one-third would be unjust and inconsistent with principles applied in tacit universal partnership, which generally favours equal sharing unless the parties’ conduct shows otherwise.

The matter is expected to be heard by a Chinamhora magistrate.

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