Former Lands minister Douglas Mombeshora and his wife
Millicent have lost their bid to claim co-ownership of a Borrowdale property
which was bought by a Harare businessman, through a public auction conducted by
the Sheriff of the High Court.
The couple was also slapped with costs of suit on a higher
scale.
High Court judge Justice Owen Tagu recently ruled in favour
of Tendai Jemwa, who had taken Mombeshora and his wife to court seeking a
dismissal of the couple’s application in which they were seeking to be declared
co-owners of stand number 80 Quinnington Drive, Borrowdale, Harare.
According to court papers, Jemwa’s application arose after
the Mombeshoras approached the court in June this year, seeking an order
declaring them co-owners after he locked them out of the disputed property.
However, after the Mombeshoras failed to pursue the matter,
Jemwa approached the High Court and sought an order declaring that the former
minister and his wife had failed to prosecute their application.
“Whereupon after reading documents filed of record it is
ordered that; the court application under case number HC4685/2019 be and is
hereby dismissed for want of prosecution. The first and second respondents to
pay costs on legal practitioner client scale,” Justice Tagu ruled.
According to Jemwa, the property in question is known as
Stand number 110 Quinnington Township of Subdivision K of Borrowdale Estate,
commonly referred to as number 80 Quinnington Drive, Borrowdale, Harare.
In his affidavit, Mombeshora had earlier claimed that Jemwa
was denying the couple permission to enter, use and enjoy the property despite
him (Jemwa) being a 50% shareholder of the property in question which he bought
through a public auction conducted by the sheriff. However, after filing the
court papers, the Mombeshoras never pursued the matter, prompting Jemwa to
approach the court seeking a dismissal of the bid.
“I (Jemwa) filed a notice of opposition together with
opposing affidavits on June 19, 2019 as will morefully appear herein as
annexure B, the respondents (the Mombeshoras) went on to file an answering
affidavit on July 3, 2019 as will morefully appear herein as annexure C,” Jemwa
said in his affidavit.
The businessman further said ever since they filed their
answering affidavit, the Mombeshoras had not bothered to file heads of argument
or set the matter down for hearing as a sign of their intention to have the
matter finalised.
“The respondents have clearly failed to pursue their
application to date as they are obliged to at law thus to ensure the
finalisation of this matter, I hereby apply for dismissal of the respondents’
court application for a declaratory order under HC4685/19 for want of
prosecution,” Jemwa submitted. Newsday
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