A WOMAN from Harare’s Kuwadzana high-density suburb has been jailed for six months for contempt of court after she refused to vacate a house she sold.
Judith Musamadiya sold her house to Memory Madzimbamuto for US$17 000 sometime in January 2022.
According to court papers, in the same month, Madzimbamuto and Musamadiya entered into an agreement of sale for the house.
Madzimbamuto made a down payment of US$15 400.
The court heard that Musamadiya became evasive and refused to take the balance of US$1 600.
Aggrieved, Madzimbamuto approached the court to enforce the agreement of sale.
An order directing Musamadiya to sign transfer papers and to collect the balance of the purchase price from Madzimbamuto’s lawyers Charamba & Partners was granted by Justice Priscilla Chigumba.
Madzimbamuto then formally changed ownership into her name, and the property is now registered under her name.
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On March 24, 2022, Madzimbamuto had summons for eviction issued against Musamadiya.
The summons were served on March 31, 2022 by the Deputy Sheriff.
She applied for a default judgment after the deadline. An order was duly granted by Justice Munamato Mutevedzi on January 20, 2023, ordering the eviction of Musamadiya.
On March 10, 2023, the Sheriff successfully evicted Musamadiya and all those who were claiming occupation through her from the premises.
Musamadiya forcibly occupied the house later on the same day and Madzimbamuto reported her to the police.
In court, Musamadiya said she was not aware of the court orders.
Musamadiya accused Madzimbamuto of breach of contract by failing to pay the balance on time. She also denied receiving an eviction order.
“I find it highly improbable that the Sheriff, who is an officer of this court, can misrepresent facts on his return of service to please the applicant,” Justice Maxwell Takuva ruled.
“I am not convinced that two judges of this court can make the same mistake of granting default judgments without satisfying themselves that the process had been properly conducted and that proof of service had been furnished.”
Musamadiya was sentenced to a six-month jail term which were suspended on condition of good behaviour.
