The High Court has ordered the estate of the late Cyprian Musarurwa to transfer within seven days, ownership of a Harare house to one of the companies owned by business tycoon Frank Buyanga, Hamilton Property Holdings – ending a 10-year legal battle.
Cyprian Musarurwa borrowed US$21,700 from Hamilton Property
Holdings in 2009, using his 4,109 square-meter home in Chadcombe township as
surety.
The agreement with Hamilton stated that he would cede his
rights to the property in the event of defaulting on the loan.
The Harare High Court heard that after failing to pay back
the loan, Musarurwa refused to complete the necessary paperwork to complete the
transfer – setting off a lengthy legal battle.
Musarurwa died early this year, but not before – Hamilton’s
lawyers argued – he fraudulently got a caveat placed on the property by
Hamilton lifted.
He then obtained replacement title deeds, which he used to
subdivide the property and sell off part of the land to Harare resident Joseph
Machipisa. This week, High Court Judge Justice David Mangota, in an order,
said:
“It is ordered that the permit dated January 31, 2019, to
subdivide stand 282 Chadcombe Township is hereby declared null and void.
“The first respondent (Musarurwa estate) signs all
documents and takes all necessary steps to pass transfer of the property to the
applicant within seven days of granting of this order.”
“Failing compliance, the Deputy Sheriff Harare, be and is hereby authorised to take such steps and to sign such documents as may be necessary to transfer all the rights, title and interest in the above property into the applicant’s name.”
He ordered the Musarurwa Estate to pay the applicants’
costs of suit on the higher scale of the legal practitioner and client.
However, Hamilton’s court victory leaves dozens of people
who took the same stance as Musarurwa at risk of losing their properties.
In 2010, some of the over 50 people who had also accused
the businessman of fraudulently seizing their immovable properties through the
loan scheme made a U-turn, saying they had instead sold their houses and stands
to the property mogul.
It has also emerged that some of the complainants had lost
or withdrawn their cases against the businessman in the High Court.
Documents and videos also revealed that the people had also
sold the properties to subsidiaries of Buyanga’s Hamilton Property Holdings.
There were at least 53 people, among them cabinet ministers
from both political divides, prominent businesspeople and top musicians, who
signed agreements of sale with Buyanga’s companies, but were refusing to pay
him back the money they received.
By then, Buyanga reportedly sunk US$10 million in the
economy through buying properties at a time of a steep liquidity crunch. H
Metro
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