Harare-based entrepreneur Tendai Mashamhanda is embroiled in a legal showdown to prolong his residency at his luxurious Highlands home, contesting an eviction notice served against him.
The son of prominent businessman Alex Mashamhanda has lodged an urgent High Court chamber application seeking a six-month extension to comply with the ejectment directive, which mandated his departure from the premises by February 29, 2024.
Mashamhanda argues that the brief notice provided by the High Court sheriff, less than 72 hours, violates constitutional provisions and places his family at risk of homelessness.
The disputed property is owned by Bariade Investments, a company with which Mashamhanda has been locked in a protracted legal feud over ownership rights. While Mashamhanda claims to have acquired the property for US$230,000 from Harare lawyer Pihwai Chiutsi, Bariade Investments contends that they lawfully obtained the property through a valid Sheriff’s sale following its allegedly fraudulent sale to Mashamhanda during a judicial attachment in September 2017.
Also read: Police Capture Six Suspects Involved in Major Robbery at Quest Financial Services
Despite the ongoing legal dispute, Mashamhanda asserts that he has substantially enhanced the property, significantly boosting its market value to US$1.5 million.
In his urgent application, Mashamhanda underscores that the residence has served as his family’s abode for the past four years, accommodating his spouse and underage children. He invokes section 74 of the Constitution, which safeguards individuals against arbitrary eviction, to advocate for a six-month extension to secure alternative housing arrangements.
While acknowledging the court’s ruling that determined ownership in favor of Bariade Investments, Mashamhanda contends that his present disagreement with the company pertains to the eviction process under the prevailing circumstances.
Bariade Investments had previously prevailed in the legal dispute over the property, prompting Mashamhanda to lodge an appeal at the Supreme Court to forestall enforcement of the lower court’s decision. However, his appeal was unsuccessful, leading to the current legal impasse.
Mashamhanda has alleged judicial misconduct, accusing several judges of influencing the case against him through corruption. He has filed complaints with the Judicial Services Commission, Chief Justice Luke Malaba, and the Ministry of Justice in response to these allegations.
Also read: Mnangagwa Splashes Thousands For Chiefs Isuzu Double Cabs!
