Zanu PF secretary for legal affairs, Munyaradzi Paul
Mangwana and his wife Pauline have approached the High Court with an
application seeking to file an additional affidavit in the on-going matter in
which they were dispossessed of a Glen Lorne property after paying US$260 000
for it.
The couple’s claim to the property, known as stand number
2157 Glen Lorne Township 30 of Lot 30 of Glen Lorne, which they acquired
through the Sheriff of the High Court, recently came under scrutiny after
Justice Clement Phiri cancelled the sale and allowed the original property
owners, David and Kumbula Chiweza, to lodge their objection to the sale in
terms of the law.
“I submit that in the interest of justice and for the
benefit of the court applicants (Munyaradzi and Pauline Mangwana) be allowed to
file a further affidavit in HC10007/19. My submission is premised on the fact
that, at the time of filing of the notice of opposition, the fourth
respondent’s (sheriff) ruling was not in existence and as such could not be
incorporated therein. The ruling was only served on applicants after the notice
of opposition and opposing affidavits had been filed,” Mangwana said in his founding
affidavit.
“In light of the above, applicants contend that they ought
to file a further affidavit to address and alert the court of the fourth
respondent’s decision which has a bearing on the proceedings under case number
HC10007/19 and same will assist the court in making a judicious decision.”
According to court papers, prior to the sale, the house
belonged to the Chiwezas whose company, Watson Investments (Pvt) Ltd, had loan
issues with CBZ Bank amounting to US$207 203.
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.
Apparently, when the sheriff conducted the sale, David and
his wife were not advised and could not lodge an objection. It was only after
the house had been sold that the couple became aware of what had transpired.
The Chiwezas said the sale was glaringly irregular. Justice
Phiri then ruled in their favour, but Mangwana argues that the Chiwezas’
application for review in HC3113/17 was heard in
default.
“Following the granting of the application for review the
first and second respondents (David and Kumbula Chiweza) complied therewith by
lodging with the sheriff their request to set aside the sale in execution as
directed by the court,” Mangwana said, adding they duly opposed the same and
thereafter both parties appeared before the sheriff for oral submissions and
ruling was reserved.
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