Sulumani Chimbetu has taken his es-tranged wife Mary Gold Matemamasango to the High Court claiming back the US$3 900 lounge suite removed from his Haig Park house on July 11.
The San Marin four-piece brown lounge suite, bought on hire purchase from TV Sales and Home on April 29 this year is at the centre of the bitter wrangle. Chimbetu and Matemamasango were customarily married but the marriage is on the rocks with the two clashing over property.
The musician claims the property in question, was bought from TV Sales and Home on hire purchase and that Matemamasango took away the property while he had not finished paying for it. Chimbetu is paying US$440 to TV Sales and Home monthly and he contends that he bought the property at the time Matemamasango had been taken away by her parents together with other matrimonial property.
Through his lawyers, Tavenhave-Machingauta Legal Practitioners, Chimbetu has filed an urgent chamber application seeking spoliation.
He is seeking the urgent return of the property to his house.
According to the application, Chimbetu is bound to be sued for breaching the agreement with TV Sales and Home if the woman is not compelled to return the property.
The agreement with the furniture shop proscribes the removal of the property from the known address before completion of payment.
“I purchased the property after respondent had left me so there is no reason why she should claim the same. In terms of the hire purchase agreement condition 1, the lounge suite must not be removed from 2-30th Avenue Haig Park Mabelreign Harare until the purchase price is paid in full.
“I aver that I was in peaceful possession of the said property and the respondent illegally took the same without any court order.
“I submit that this matter should be addressed on urgent basis because the respondent may dispose of the same and I will end up in breach of my hire purchase agreement with TV Sales and Home. Legal action will be taken against me,” he said.
According to the application, Chimbetu says the marriage broke up in 2009 when Matemamasango’s parents took her toge-ther with some of the household property.
Sometime last year, it is stated that Matemamasango returned to Chimbetu.
It is claimed she went back to her parents’ house in March this year. On July 21, Chimbetu claims his estranged wife went to his house with a gang and took away the lounge suite.
This happened in Chimbetu’s absence and without his consent, he said.