THE High Court has blocked a Bulawayo woman Ms Duduzile
Gumede from moving into a house she bought from a local businessman Mr Dumisani
Mutorera and his ex-wife, Ms Taisekwa Rosie Mtungwazi pending the finalisation
of outstanding court cases.
Mr Mutorera and Ms Mtungwazi sold their three-bedroomed house
in Romney Park for US$36 500 to Ms Gumede, but have allegedly refused to vacate
the premises, claiming she still owes them an undisclosed balance.
Last week, Ms Mtungwazi filed an application at the Western
Commonage Magistrates’ Court for a restraining order against Ms Gumede whom she
accused of failing to comply with the terms and conditions of their agreement
of sale.
Mr Mutorera and Ms Mtungwazi also allegedly hired bouncers
to prevent Ms Gumede from occupying the property, which the couple sold to her
in December last year.
When Ms Gumede brought some of her property to the house,
Mr Mutorera and his ex-wife refused to let her in.
Western Commonage magistrate Mr Jacob Ncube dismissed Ms
Mtungwazi’s application for a protection order against Ms Gumede, saying it
lacked merit as the matter purely revolved around an agreement of sale. Ms
Mtungwazi, through her lawyers Pundu and Company then filed an urgent chamber
application at the Bulawayo High Court citing Ms Gumede as the respondent.
She sought an order interdicting Ms Gumede from evicting
her from the disputed house without a court order pending the finalisation of
matter under HC 1285/20.
Justice Nokuthula Moyo ruled in favour of Ms Mtungwazi.
“It is declared that pending the finalisation of the matter
under HC1285, respondent is ordered to refrain from threatening, attempting or
evicting or interfering with the applicant and her family dwelling at the
Romney Park house without obtaining a court order,” ruled the judge.
Justice Moyo also ordered Ms Gumede from illegally
occupying the house until she had secured a court order.
In her founding affidavit, Ms Mtungwazi said Ms Gumede’ s
conduct was a violation of her constitutional right.
She argued that Ms Gumede failed to honour her obligations
and breached the agreement of sale.
“The respondent paid the purchase price of US$35 600-00 and
had the obligation to pay for all transfer fees inclusive of mortgage bonds and
capital gains clearance tax. The balance of US$900-00 was supposed to be paid
within 14 days,” said Ms Mtungwazi.
She said she approached the respondent and discussed the
matter with her so that she could rectify the issue.
“On the June 18, 2020, the respondent approached the
magistrates’ court under case number 278/20 seeking for an order that I and my
ex – husband be directed to transfer ownership of property from my and my
husband’s name. I defended the matter and the matter is still pending,” she
said.
“On August 6, 2020, the respondent again, issued summons in
this honorable court under case number HC 1285/20, seeking an order confirming
the agreement of sale as binding on all parties and an order directing myself
and my ex – husband to transfer the property into her name. I entered an
appearance to defend in anticipation of filing my plea as the applicant had
breached the agreement of sale.”
She said Ms Gumede never pursued the case and it is still
pending before the courts.
Ms Mtungwazi said Ms Gumede came to her house recently and
verbally abused her, ordering her to move out of the property.
“They broke the gate and put their household property
inside the yard and left. I reported the matter at Sauerstown Police station
seeking assistance and I was told that it was a civil matter by the officer- in
charge,” she said.
Ms Mtungwazi said three men sent by Ms Gumede came to her
house and broke the kitchen door before accessing the house.
“They found my younger sister together with my
nine-year-old son. They claimed that they were sent by the respondent and they
chucked out my younger sister and son,” she said.
“I am approaching the court to seek an injunction against
the respondent to refrain from evicting me and my child and sibling from our
home without a court order as this would be unlawful. The respondent is
evicting me from my home and threatening the demolition of our home by
resorting to self-help and the use of force without obtaining a court order in
violation of Section 74 and Section 64 of the Constitution of Zimbabwe.”
According to a memorandum of agreement of sale, the price
of the house was US$36 500, which was to be paid in cash. Ms Gumede initially
paid a deposit of US$35 600 before settling the outstanding balance of US$900
last year on Christmas Eve, which the couple acknowledged.
As part of the agreement, Ms Mtungwazi was set to vacate
the house on or before March 1 this year. Both Ms Mtungwazi and Ms Gumede
signed the documents with their lawyers acknowledging receipt of the money. Ms
Mtungwazi is however, refusing to vacate the house, arguing that Ms Gumede has
not paid the money in full. Chronicle
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