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. Herald
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