BUSINESSMAN Tendai Mashamhanda had his eviction from a high-end mansion in Harare’s posh Highlands suburb suspended until the Supreme Court decides on his fresh appeal, having heard the arguments this week.
The eviction notice, which required him to vacate the house by the end of Thursday, came as the businessman filed an appeal against the whole judgment of the High Court.
The three-judge appeal panel of Justice Tendai Uchena, Justice George Chiweshe and Justice Hlekani Mwayera heard the fresh appeal and reserved their ruling to a later date.
Mr Mashamhanda, who is being represented by Professor Lovemore Madhuku instructed by Mr Kudzai Rangarirai of Rangarirai and Co Legal Practitioners, is challenging the eviction on the basis of the improvements he effected on the property at a cost of millions of United States dollars.
“It is not in dispute that he (Mashamhanda) effected improvements on the property, therefore, he is entitled to compensation before eviction,” said Prof Madhuku. “He cannot just walk away empty-handed after all that effort.”
But Bariade Investments, who won the legal fight over the house late last year, opposed the appeal, arguing that Mr Mashamhanda should not be compensated for the alleged improvements because they were done against the court order.
Last year, the Supreme Court ruled that even if Mr Mashamhanda noted an appeal against the judgment, execution would proceed and he would have to go until the final Supreme Court decision over the eviction.
Undeterred by the superior court order, Mr Mashamhanda is still fighting tooth and nail to stay.
Mr Mashamhanda has been asking the Supreme Court to order a forensic check of the documents used to make the decision in favour of Bariade Investments to see if any were forged.
Mr Mashamhanda is the son of the business mogul Mr Alex Mashamhanda, the founder of Mashwede Holdings. He bought the disputed house for US$230 000 from Harare lawyer Puwai Chiutsi before developing it to the value of US$1,5 million, but the High Court ruled that it was sold to him in a fraudulent manner, therefore, he must be evicted.
Last year, High Court judge Justice Maxwell Takuva ordered that Mr Mashamhanda be evicted from 41 Ridgeway North.
That prompted him to approach the Supreme Court on appeal and also brought an urgent application for stay of execution of the judgment until the matter is finalised.
Mr Mashamhanda has accused some judges of manipulating the case against him and lodged numerous complaints with the Judicial Service Commission and the Ministry of Justice, Legal and Parliamentary Affairs.
He is also calling for the resignation of judges, including Chief Justice Luke Malaba, for being “corrupt”.
SOURCE : MY ZIMBABWE
