A prominent Harare businessman has approached the Supreme Court in a bid to save his home after the courts ruled that the house was bought through a fraudulent process.
Tendai Mashamhanda, son of the business mogul Alex Mashamhanda of Mashwede Holdings, bought the Highlands property for US$230 000 from Harare lawyer Pihwai Chiutsi.
He says he later made developments that put the value of the house at US$1.5 million before the High Court ordered his eviction.
The High Court judgment number HH 637/23 delivered in November by Justice Takuva ordered that Mashamhanda should be evicted from the remainder of s49ubdivision C of Plot 6 of Lots 190, 191, 193, 194 and 195 of Highlands Estate of Welmoed, also known as 41 Ridgeway North, Highlands.
He has since made an urgent Supreme Court appeal through his lawyer Lovemore Madhuku for a stay of execution of the judgment.
Barriade Investments (Private) Limited, a company that argued at the High Court that it bought the house in question at a public auction before Mashamhanda secured it in “a fraudulent manner”, is cited as first respondent and the sherrif of the High Court as the second respondent.
He argues that in terms of section 74 of the constitution, he cannot be evicted from his home “without an order of court made after considering all the relevant circumstances”.
“Contrary to the foregoing position of the constitution and also contrary to the common law, the High Court made a specific order that its order of eviction of the applicant from his home would not be suspended by the noting of the appeal to this court,” Mashamanda’s application reads.
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“Accordingly, according to the High Court, the appeal in SC 666/23 will not suspend its order of eviction.
“The applicant has very bright prospects of success on appeal in SC 666/23. Given that the eviction is from applicant`s home where he has made huge improvements, it is in the interests of justice that the status quo be maintained pending appeal.”
Mashamanda has accused several judges of corruptly influencing the case against him and has lodged a number of complaints with the Judiciary Services Commission and the Justice ministry.
