In a legal saga gripping Harare, businessman Tendai Mashamhanda finds himself entrenched in a bitter battle to safeguard his property rights. Allegations of fraudulent title deeds and unlawful claims by the law firm of prominent opposition figure Tendai Biti and a number of defendants listed in the summons have thrust the case into the spotlight, raising profound concerns about the integrity of Zimbabwe’s real estate sector and the imperative for stringent regulatory oversight.
Mashamhanda’s odyssey began with the purchase of a piece of land in February 2019, only to encounter a labyrinth of conflicting claims in the aftermath. Court documents lay bare the contention that Bariade Investments, purportedly acquired the property through a disputed auction, thus igniting a fierce legal fracas. Despite Mashamhanda’s incontrovertible ownership and substantial investments in the property, the defendants vehemently assert their stake.
Central to Mashamhanda’s grievance are allegations of fraudulent documents, including a Special Power of Attorney and flawed title transfer procedures, which purportedly render the defendants’ claims null and void. The attempted sale in execution, orchestrated on the basis of these dubious documents, stands on shaky legal ground, devoid of legitimacy.
In his pursuit of justice, Mashamhanda seeks the cancellation and annulment of the deed of transfer favoring Bariade Investments, coupled with costs against the defendants.
Mr Mashamhanda is claiming US$1,196 749.00 (one milion one hundred and ninety-six thousand seven hundred and forty-nine United States Dolars) from the first Defendant for unjust enrichment and separate Summons under cover HCH1725/24.
According to the summons seen by the publication, the Plaintiff (Mashamhanda) became aware that the Capital Gains Tax(CGT) Certificate and the Rates Clearance Certificate were not properly obtained and therefore invalid. Further the Plaintiff noted that there are many anomalies on the Deed of Transfer including wrongly quoted extending clause, wrong purchase price and improper endorsement and alteration ot Bariade (Pvt) Ltd.’s title.
The case underscores the paramount importance of upholding property rights and exercising due diligence in land transactions. Its unfolding serves as a stark reminder of the critical need for robust regulatory oversight and the pernicious repercussions of fraudulent practices within Zimbabwe’s real estate sector.
Presently, the matter rests in the hands of the judiciary, with Mashamhanda fervently seeking redress and restitution for the alleged wrongful deprivation of his property rights. The verdict, once rendered, will reverberate throughout the corridors of property ownership and the real estate industry at large, casting a discerning gaze on the efficacy of regulatory mechanisms and the enduring quest for justice in Zimbabwe’s ever-evolving legal landscape.
Source iHarare
