BUSINESSMAN Tendai Mashamhanda had his eviction from a high-end mansion in Harare’s posh Highlands suburb suspended until the Supreme Court decides on his fresh appeal, having heard the arguments this week.
The eviction notice, which required him to vacate the house
by the end of Thursday, came as the businessman filed an appeal against the
whole judgment of the High Court.
The three-judge appeal panel of Justice Tendai Uchena,
Justice George Chiweshe and Justice Hlekani Mwayera heard the fresh appeal and
reserved their ruling to a later date.
Mr Mashamhanda, who is being represented by Professor
Lovemore Madhuku instructed by Mr Kudzai Rangarirai of Rangarirai and Co Legal
Practitioners, is challenging the eviction on the basis of the improvements he
effected on the property at a cost of millions of United States dollars.
“It is not in dispute that he (Mashamhanda) effected
improvements on the property, therefore, he is entitled to compensation before
eviction,” said Prof Madhuku. “He cannot just walk away empty-handed after all
that effort.”
But Bariade Investments, who won the legal fight over the
house late last year, opposed the appeal, arguing that Mr Mashamhanda should
not be compensated for the alleged improvements because they were done against
the court order.
Last year, the Supreme Court ruled that even if Mr
Mashamhanda noted an appeal against the judgment, execution would proceed and
he would have to go until the final Supreme Court decision over the eviction.
Undeterred by the superior court order, Mr Mashamhanda is
still fighting tooth and nail to stay.
Mr Mashamhanda has been asking the Supreme Court to order a
forensic check of the documents used to make the decision in favour of Bariade
Investments to see if any were forged.
Mr Mashamhanda is the son of the business mogul Mr Alex
Mashamhanda, the founder of Mashwede Holdings. He bought the disputed house for
US$230 000 from Harare lawyer Puwai Chiutsi before developing it to the value
of US$1,5 million, but the High Court ruled that it was sold to him in a
fraudulent manner, therefore, he must be evicted.
Last year, High Court judge Justice Maxwell Takuva ordered
that Mr Mashamhanda be evicted from 41 Ridgeway North.
That prompted him to approach the Supreme Court on appeal
and also brought an urgent application for stay of execution of the judgment
until the matter is finalised.
Mr Mashamhanda has accused some judges of manipulating the
case against him and lodged numerous complaints with the Judicial Service
Commission and the Ministry of Justice, Legal and Parliamentary Affairs.
He is also calling for the resignation of judges, including
Chief Justice Luke Malaba, for being “corrupt”. Herald
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