By Naledi Nyoni
BULAWAYO — An elderly Bulawayo woman was left homeless after her daughter allegedly swindled her out of a house she bought in 1998, tricking her into signing away ownership under the guise of protecting the property.
Court records show that the elderly mother, Ms. Siphiwe Moyo of Entumbane, was misled by her daughter, Floid Ngwenya, into ceding the property through questionable paperwork, only to later face eviction.
According to documents presented in court, Moyo purchased the stand from the Bulawayo City Council in 1998, acquiring full rights to the property.
For years she regarded the house as her security, until 2015 when Ngwenya allegedly devised a plan to take it over.
Court filings detail how Moyo was allegedly coerced into signing papers that she believed were meant to protect her interests.
“Upon hearing this, the plaintiff came to Bulawayo as she feared losing her property.
“The plaintiff was taken to the Entumbane Housing Office, wherein she was coerced into signing papers ceding ownership to the defendant.
“The plaintiff was forced to sign a letter cancelling the memorandum of sale between her and the municipality of Bulawayo on the 2nd April 2015.”
Doubts also emerged regarding the timing of the paperwork.
“The Town Clerk signed the document on the 13th of May 2015, which makes the dates of the signing of the letter and the authenticity of the document questionable.”
The court further heard that Moyo was not properly informed of what she was signing and was simply asked to provide her thumbprint.
“Furthermore, a letter was handwritten and was submitted by the defendant on the 12th of March 2015 and it was purported to have been written by the plaintiff.”
After years of battling over the property, Moyo sought justice through the courts.
On 5 September 2025, the High Court ruled in her favour, granting a legal order of rei vindication.
The ruling directed Ngwenya to restore ownership of the house to her mother within seven days, allowing Moyo to reclaim her property from anyone occupying it without her permission.
Rei vindication, a legal principle rooted in Roman-Dutch law still applied in Zimbabwe, enables a rightful owner to recover property from anyone holding it without consent, regardless of how they obtained it.
To succeed, the owner must prove lawful ownership, that the property still exists, and that another party is in possession without authority.
In this case, the court determined that Moyo had met these requirements, restoring her rights to the home she had purchased nearly three decades ago.
The ruling marks a significant victory for the elderly mother, though it comes after years of distress and a painful family dispute that left her heartbroken.
