Fidelis Munyoro-Chief Court Reporter
A Harare businessman is appealing against a High Court decision evicting him this week from a luxurious home in Highlands in a long property wrangle that saw the Supreme Court recognising Barriade Investments as the legal owner in February last year.
The crushing judgment by Justice Maxwell Takuva on Wednesday vindicating Barriade Investments prompted the latest appeal.
The businessman’s legal counsel Mr Kudzai Rangarirai said the judgment was devastating but while bewildered by the decision, they respected it.
“We have perused the judgment and reflected on the issues raised therein,” said Mr Rangarirai. “Our considered opinion is that the judgment cannot stand the anxious scrutiny of a superior court.
“We believe our client has a solid case and this case is of national importance as it touches on matters that have been affecting citizens, but because of lack of resources citizens have been suffering in silence with no recourse.”
Mr Rangarirai said Mr Mashamhanda’s case could be similar to that of former Education Minister Dzingai Mutumbuka which has been in the papers recently.
“It is our view that this is a golden opportunity for our judiciary to cleanse some of the well-known shenanigans which have been happening in some Government institutions,” said Mr Rangarirai. “We are going to appeal to the Supreme Court and also apply for direct access to the Constitutional Court.”
Barriade had sued Mr Mashamhanda seeking an order to recover possession of the property and evict him from the property in Highlands.
Mr Mashamhanda bought the property at a judicial auction conducted by the Sheriff in September 2017 but the Supreme Court ruled in February last year that the property had been fraudulently sold to Mr Mashamhanda by the previous owner, Piwayi Chiutsi, a lawyer.
The Supreme Court, in a judgment handed down on February 16, 2022 in the case involving Barriade Investments (Pvt) Ltd v Chiutsi & Ors SC 24/22, directed that title be registered in Barriade’s name and the judgment is still extant.
The title having been registered in Barriade’s name, Justice Takuva in his ruling confirmed that Barriade is the rightful owner of the property, in terms of that ruling, hence granted the company the eviction order against Mr Mashamhanda.
“The Supreme Court found that the respondent (Mr Mashamhanda) is not an innocent purchaser of the property and that his title is invalid and should be cancelled with Barriade taking title,” said the judge.
“In spite of the fact that the ownership dispute has been resolved, Mr Mashamhanda has refused, failed and or neglected to vacate the property.”
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