Businessman Tendai Mashamhanda eviction from a luxurious mansion in Harare’s upscale Highlands suburb has been put on hold pending a decision by the Supreme Court, following arguments heard this week.
The eviction notice, requiring Mashamhanda to vacate the premises by the end of Thursday, coincided with his filing of an appeal against the entire judgment of the High Court.
A three-judge panel comprising Justice Tendai Uchena, Justice George Chiweshe, and Justice Hlekani Mwayera heard the fresh appeal and deferred their ruling to a later date.
Represented by Professor Lovemore Madhuku and instructed by Mr. Kudzai Rangarirai of Rangarirai and Co Legal Practitioners, Mashamhanda contests the eviction based on the substantial improvements he made to the property, costing millions of US dollars.
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“It is indisputable that he (Mashamhanda) made significant improvements to the property; therefore, he is entitled to compensation before eviction,” stated Prof. Madhuku. “He cannot simply walk away empty-handed after investing so much effort.”
However, Bariade Investments, who emerged victorious in the legal battle over the house late last year, opposes the appeal, arguing that Mashamhanda should not be compensated for the alleged improvements as they were made against a court order.
Despite a Supreme Court ruling last year stating that execution would proceed even if Mashamhanda appealed the judgment, he remains resolute in his fight to stay.
Mashamhanda has petitioned the Supreme Court to conduct a forensic examination of the documents used to decide in favor of Bariade Investments to ascertain if any were forged.
Mashamhanda, son of business mogul Mr. Alex Mashamhanda, founder of Mashwede Holdings, purchased the disputed house for US$230,000 from Harare lawyer Puwai Chiutsi before enhancing its value to US$1.5 million. However, the High Court deemed the sale fraudulent and ordered his eviction.
