In a compelling court case that is playing out in Harare, businessman Tendai Mashamhanda is involved in a fierce struggle to protect his property rights.
The issue is based on claims that the legal firm representing well-known opposition member Tendai Biti and a number of other defendants included in the summons made fake title deeds and unlawful claims. Due to the controversy surrounding the case, there are now legitimate worries over the integrity of Zimbabwe’s real estate market and the pressing need for more stringent regulatory monitoring.
After purchasing a plot of land in February 2019, Tendai Mashamhanda was met with a confusing web of competing ownership claims. This marked the beginning of his odyssey. According to court records, Bariade Investments purportedly won the property at a contentious auction, which led to a protracted legal struggle. The defendants fiercely defend their personal interest in the land, notwithstanding Mashamhanda’s obvious ownership and significant investments in it.
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Mashamhanda’s grievance centres on accusations that the defendants’ claims are illegal due to fraudulent papers, including a Special Power of Attorney and improper title transfer procedures. The attempted sale is entangled in dispute and lacks legal legality based on these questionable documents.
Mashamhanda is seeking costs against the defendants in addition to the cancellation and annulment of the deed of transfer in favour of Bariade Investments in an effort to bring about justice.
As stated in separate Summons under cover HCH1725/24, Mashamhanda is suing the first Defendant for unfair enrichment, demanding US$1,196,749.00. The plaintiff claims that the Rates Clearance Certificate and the Capital Gains Tax Certificate were obtained illegally, making them void. Further inconsistencies are highlighted by errors on the Deed of Transfer, including incorrectly reported clauses and acquisition costs.
