Attempts to evict renowned Harare businessman Tendai Mashamhanda from his Highlands home amid a bitter disagreement have been hindered by the High Court’s ruling that the eviction order is unconstitutional because the Supreme Court is still hearing cases.
Mashamhanda, who is about to be evicted from the property due to an alleged sale by Bariade Investments, questions the integrity of both the auction and the title deed.
Mashamhanda seeks redress and files an appeal with the Supreme Court, requesting a forensic review of the records underlying Bariade Investments’ assertion.
In a recent decision, Justice Samuel Deme postponed the eviction order, questioning the need for a stay of execution when it is automatically stopped by law and citing the ongoing appeal at the Supreme Court.
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Tendai Mashamhanda, represented by Lovemore Madhuku and Kudzai Rangarirai, contests the eviction, pointing to significant expenditures of millions of US dollars made on property upgrades.
Having prevailed in the property lawsuit, Bariade Investments is fighting Mashamhanda’s appeal, claiming that improvements were undertaken in violation of a court order and should not be reimbursed.
Mashamhanda filed an appeal with the Supreme Court and requested a stay of execution till the matter was resolved after a High Court ruling by Justice Maxwell Takuva last year ordered his eviction.
Mashamhanda files complaints with the Judicial Service Commission and the Ministry of Justice, Legal and Parliamentary Affairs, accusing some judges of being biassed and manipulative. She calls for the resignation of judges, chief justice Luke Malaba among them, on the grounds of supposed corruption.
