Harare businessman Tendai Mashamhanda has filed an urgent High Court chamber application seeking an extension of his ejectment notice from his upmarket Highlands residence by six months.
This comes after he was ordered out of the house by February 29, 2024, through a notice served on him on February 26.
He was given less than 72 hours by the sheriff of the High Court, a move he described as unconstitutional since his family risks being homeless.
The house is owned by Bariade Investments, a company he has been fighting with over the past few years after it claimed ownership of the property.
Mashamhanda, who is the son of business mogul Alex Mashamhanda of Mashwede Holdings, says he bought the Highlands property for US$230 000 from Harare lawyer Pihwai Chiutsi.
The house was allegedly fraudulently sold to him while it was under judicial attachment sometime in September 2017.
Bariade Investments subsequently purchased the property at a valid Sheriff’s sale in circumstances where it had already obtained defective title.
Mashamhanda obtained tainted title to the property on May 5, 2022, and has been in occupation of the property from 2020 to date. He claims he has made a lot of improvements on the house, pushing up its market value to US$1, 5 million.
- Businessman piles pressure on top judge
- More details emerge in Justice Gwaunza saga
- Biti reported to Law Society
- Deputy Chief Justice in soup
Keep Reading
In his urgent chamber application, Mashamhanda said the house has been his home for the past four years and he stays there with his wife and minor children aged four and five, respectively.
"I very much abide by the judgment of this court that determined that my home is owned by the respondent.
"My present dispute with the respondent relates to the eviction process in the circumstances of this matter,” he said, adding that section 74 of the Constitution gives him the right to freedom from arbitrary eviction.
"In issuing the notice, the respondent acted without checking whether or not the immovable property in question was a home within the contemplates of section 74 of the Constitution. I have used the immovable property in question as my home for the past four years. I would require a minimum of six months to be able to secure alternative accommodation and move all my belongings to a new settlement.
"As an appropriate remedy, I respectfully submit that it would be interesting interests of justice to set aside the notice of removal and grant me a minimum of six months’ notice of the eviction, " he said.
Bariade Investments won the legal fight over the house late last year.
Aggrieved by the High Court's decision, Mashamhanda filed an appeal at the Supreme Court to stop the execution of the lower court's judgment.
However, he lost the appeal which resulted in his current predicament.
Mashamhanda has accused several judges of corruptly influencing the case against him and has lodged several complaints with the Judicial Services Commission, Chief Justice Luke Malaba, and the Justice ministry.
