ZANU PF secretary for legal affairs, Munyaradzi Paul
Mangwana’s claim to a Glen Lorne property, which he had bought through the
Sheriff of the High Court, has now come under scrutiny after Justice Clement
Phiri cancelled the sale and allowed the property owners to lodge their
objection to the sale in terms of the law.
According to court papers, Mangwana and his wife Pauline
bought stand number 2157 Glen Lorne Township 30 of Lot 30 of Glen Lorne held
under deed of transfer number 2280/2016 following a private treaty sale that
was conducted by the Sheriff and paid US$260 000.
“The fourth respondent’s (sheriff) decision to declare
first and second respondents (Munyaradzi and Pauline Mangwana) as purchasers
and subsequent confirmation of the sale for stand number 2157 Glen Lorne
Township 30 of Lot 30 of Glen Lorne is hereby set aside,” Justice Phiri ruled
before cancelling the deed of transfer.
Prior to the sale, the house belonged to David and Kumbula
Chiweza whose company, Watson Investments (Pvt) Ltd, had loan issues with CBZ
Bank Limited amounting to US$207 203. However, when the bank took the Chiwezas
to court, judgment was entered against the couple leading to the property being
surrendered to the Sheriff for sale.
However, when the sheriff conducted the sale, Chiweza and
his wife were not informed that their house was being put under the hammer and
the couple did not have the chance to lodge an objection to it. It was only
after the house had been sold that the couple became aware of what had
transpired.
“The fourth respondent once again purported to notify and
serve the applicants (David and Kumbula Chiweza) through Watson Investments to
another different non-existent address being 13 Bargate Close Glen Lorne,
Harare. Consequently, the applicants were never made aware of all these
developments and they remained in the dark and helpless as events unfolded,”
the Chiweza couple said.
“Also, of importance is that the property was sold by
private treaty and not by way of forced public auction and the reason was for
it to fetch a higher price… according to third respondent (CBZ Bank) valuation,
the market value of the property was pegged at US$470 000 and forced sale value
was US$307 000. In light of these valuation reports, the price of US$260 000
which was the price confirmed by the fourth respondent is not nearer to any of
the above figures of actual valuations.”
The Chiwezas said it was clear there was a glaring
irregularity in the way the sale was conducted. Newsday
0 comments:
Post a Comment