On day-two of the legal battle between an elderly divorced couple at the Gaborone High Court, it emerged that after developing plot 16661 in Gaborone West, there was an idea to convert its Certificate of Grant to a Tittle Deed.
The couple – Maano Thite (76) and his ex-wife Margaret Thite (71) divorced in 2013, but are now fighting over properties in Sebina, Francistown and Gaborone.
It was in July 1988 that the conversion was finalized and the documents came out bearing the names of Maano Thite.
His ex-wife, Margaret, told the court that she did not know the property that has always been in her names was subsequently registered in the names of her husband, Maano
However, it appeared that Maano cleared an outstanding amount of P8.05 to get the Tittle Deed.
Margaret told Justice Zain Kebonang who was losing his cool over her seeming reluctance to answer questions that her husband secretly got the documents, and went on to finalize the process of conversion in his favour.
However, the Defence Attorney- Doreen Khama, accused Margaret of being a liar, and concealing the truth about what really transpired.
Referring to the documents produced by the Applicant, she said Margaret has contributed almost nothing or less than P100.00 to the development of the SHHA plot 16661 even she was the one who applied for it.
It emerged that the conversion documents represent Maano as a Bachelor yet, each of them appended their signature on the final document.
Khama said that Maano had paid for the loan that Margaret acquired to develop the plot and that was why when the plot was sold for P36,000.00 she did not bother to see the money, or follow up where it was spent.
Khama also argued that her client developed the Sebina property/plot without the help of his wife, to which Margaret replied that she was under the belief that the money from the sale of the SHHA plot was being used.
She said that she did not bother to see the receipts from her husband, or keep her own since she believed consultation between them was enough.
Some of the exchange between Khama and Margaret
Question: Why are his names in the Tittle Deed? And Did you Ask anybody at Deeds Registry or City Council why the Tittle Deed carried his name.
Answer: They said they believed him and didn’t ask anything since they saw that he is my husband and that I sent him.
Question: Do you know the size of the Sebina residential Plot?
Answer: No, I can’t remember
Question: How much did you contribute to the development of the plot?
Answer: No, I didn’t contribute.
Question: Can you see that your name does not appear anywhere, in that document where you were supposed to fill?
Answer: Yes, I’m only seeing it now.
Khama argued that the Sebina plot was not developed from the proceedings of the sale of the SHHA plot 16661 saying Margaret does not even know what is in it.
However, Margaret described the plot and the structures inside it saying they used to go there regularly.
Meanwhile, the couple are not in agreement on whether to share the two commercial plots, the ploughing field, and one residential plot in Gaborone and in Francistown.
Margaret has applied for a split of the property they accumulated during their marriage under Community of Property, whilst the defense argues that she was not married under that regime, and that she contributed little to their estate.
The hearing continues.
