Two Zimbabwean sisters residing in different parts of the world find themselves entangled in a bitter legal dispute over financial support provided by the elder sister for the education of her nephew, the son of her younger sibling. Berly Nkwazi (72) and Grace Mutasa, despite sharing a familial bond, have become sworn adversaries over the US$120,000 fees and living expenses Nkwazi covered for Mutasa’s son, Tawanda, during his studies in Canada.
Tawanda, now employed as an engineer, vanished from Nkwazi’s home in Canada shortly after completing his education, reuniting with his mother and relocating to Australia. Nkwazi, burdened with loans she acquired for Tawanda’s education, alleges betrayal and financial hardship, contrasting her dire circumstances with the perceived comfort enjoyed by her sister and nephew abroad.
The discord has spilled into the legal arena, with Nkwazi initiating legal action against Tawanda in an effort to recoup the funds she invested in his education. However, her legal pursuits have encountered obstacles, including a special plea raised by Tawanda’s defense team, contesting the jurisdiction of the Zimbabwean court and invoking a prior Supreme Court ruling on the matter.
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The genesis of the feud lies in Nkwazi’s altruistic gesture to fund Tawanda’s education in Canada, facilitated by Mutasa’s appeal for assistance. Despite the absence of a written agreement, Nkwazi assumed financial responsibility for Tawanda’s academic pursuits, including tuition, board, and incidental expenses. However, tensions arose when Nkwazi discovered financial support provided to Tawanda by his mother and brother without her knowledge, leading to a rupture in their arrangement.
Nkwazi’s legal recourse faces formidable challenges, with Tawanda’s defense citing a previous Supreme Court ruling and contesting the jurisdiction of the Zimbabwean court due to the residency status of both parties. Additionally, procedural hurdles, such as the failure to provide security of costs and disclose property ownership in Zimbabwe, further complicate Nkwazi’s legal pursuit.
The protracted legal battle between the two sisters underscores the complexities inherent in familial relationships, blending legal intricacies with moral dilemmas. As the case unfolds, it offers poignant lessons for relatives navigating similar circumstances, highlighting the importance of clarity, transparency, and legal safeguards in familial financial arrangements conducted across borders.
