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MAN WANTS COURT ORDER TO EVICT MARRIED SON

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MBABANE – You are old enough, your stay is no longer welcome!


A man of Mpembekati in the Manzini Region wants the High Court to assist him to eject his married son from his homestead and compound.
Cyprian Open Shongwe has since moved an application at the High Court where he is praying for an order ejecting his son, Nkululeko from his (Cyprian) homestead and compound.


He told the court that his son was now above the majority age and there was also bad blood between them.
He is further seeking an order directing a deputy sheriff to forthwith eject his son from the premises.


In his application, Cyprian informed the court that the right of his son to stay within the premises was terminated in December 2017.   He alleged that despite several demands, his son, who is the defendant in the matter, has failed and/or refused to vacate the property.
These are allegations contained in particulars of claim whose veracity is still to be tested in court and the son is yet to file his papers in the event he is opposing the application.


“As a result of the defendant’s continued occupation of my property, life has become unbearable and very difficult for me and may lead to unpleasant and unforeseen circumstances,” submitted the applicant (Cyprian).


Biologically


He told the court that by virtue of nature and biologically, he allowed Nkululeko to settle within his homestead and compound at Mpembekati under Edwaleni Royal Kraal in the Manzini Region.


Cyprian pointed out that he was the owner of the homestead and compound wherein the Nkululeko had sought occupation together with his wife.
“On or about December 2017, the defendant’s occupation of my homestead and compound was cancelled due to the fact that there is bad blood between us and the relationship had collapsed,” alleged the applicant.


Application


In a letter annexed to the applicant’s application, the Edwaleni Royal Kraal confirmed that it once dealt with the issue between the applicant and the defendant. 
According to the letter which now forms part of the evidence, the applicant approached the umphakatsi to complain that the relationship between him and his son was no longer good.


The inner council ruled that the defendant should vacate the homestead and go to establish his own because he was old enough and also had a wife.  During the hearing of the matter by the inner council, it was allegedly disclosed that the Shongwe family tried to engage the defendant but he reportedly declined to attend the family meetings.  


It is alleged that when Nkululeko eventually appeared before the inner council, he told the members that his issues were handled at Ngabezweni where he underwent the kubutseka initiation.


According to the report, when the defendant was again called by the Indlunkhulu of Edwaleni Royal Kraal, he allegedly refused to show up.


The inner council then concluded that Nkululeko should vacate the Shongwe homestead because his relationship with his parents had turned sour.
The matter is pending at the High Court and the defendant is yet to file his papers.  
The applicant is represented by lawyers from Nzima & Associates in Manzini.

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