Justice Manongwa declared that the couple had no right to
the number 90 Harare Drive, Colney Valley Chisipite, Harare property which they
claim to have bought from Jonah Ngome and ordered their eviction within 15 days
of receipt of the judgement. Due to their appeal, the couple remains in
occupation of the house.Dr Mutumbuka who is represented by Sawyer Mkushi Legal
Practitioners has not only opposed the Supreme Court application but has
appealed to the High Court to have the eviction granted by Justice Munangati
executed.
The grounds of appeal by Zirenga and Marange are that
Justice Munangati erred in declaring that the couple were not the legitimate
owners of the house and in ordering the two to pay the costs of the case. They
seek an order from the Supreme Court which makes them lawful holder of right
and interests of Mutumbuka’s house number 90 Harare Drive, Colney Valley
Chisipite.In his heads of arguments to the Supreme Court, Dr Mutumbuka’s
lawyers prayed for the withdrawal of the Supreme Court application on the grounds
that it is an abuse of court process.
The lawyers also describe it as defective on a number of
grounds and that its outcome will not affect Justice Munangati’s order.Justice
Munangati’s order declared that Dr Mutumbuka the legitimate owner the house.
She also said that Marange and Zirenga had no reason to be at the courts
fighting Mutumbuka because they had no title deeds to the house.Instead Jonah
Ngome who they claim to have bought the house from is the one who appear in
court against Mutumbuka. However, Ngome has never been anyway near the courts
to defend the house.Justice Munangati also declared that Ngome’s alleged title
deed is forged and therefore should be removed from the registrar of Deeds’
records. Masvingo Mirror
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