First Mutual sell former Manager’s house despite court order

A Kadoma house belonging to Jackson Muzivi a former First Mutual Assistant Manager dismissed following the 1998 strike is at the centre of a two way ownership tag of war following the transfer of its title deeds to Sinoia and Beauty Nyenga.

Jackson Muzivi was dismissed by First Mutual Life following a 23 July 1998 collective job action at First Mutual Life that triggered revelations of corruption and mismanagement at the Insurance Company resulting in it being placed under Investigation by a special committee led by Mutumwa Mawere.

The dismissed former Assistant Manager took his matter to the High Court where it was thrown out on the grounds that it was a Labour dispute that ought to have been resolved through channels provided by the Labour Relations Court.

Muzivi then took up his case with the Labour Court which in its judgement No LC/H/300/2002 ordered Muzivi’s reinstatement without loss of salary and benefits or if that was no longer possible payment to him of damages in lieu of unlawful dismissal agreed between FML and him.

FML’s appeal to the Supreme Court failed to overturn the Labour Court determination (S.C. 62/03) and Muzivi reported for duty whereupon he was told the company had decided to settle by way of damages.

 However negotiations for damages between FML and Muzivi as ordered by the Labour Court and upheld by the Supreme Court reached a stalemate and the matter was referred back to the Labour court for quantification.

Meanwhile FML had foreclosed on Muzivi’s house at the centre of the current dispute.

As part of his benefits on appointment Mr Muzivi was entitled to a discounted mortgage to purchase a house of his choice but since he already owned one mortgaged to Founders Building Society it was agreed to transfer the bond to FML on condition the property would be sold and FML would use the proceeds to buy Muzivi a property of his choice in Harare.

The illegal dismissal broke this promise as FML deemed Muzivi to no longer be its employee and proceeded to foreclose on his Kadoma property which was in the process of being sold to the Nyengas.

It was only because Muzivi applied to cancel the sale pending the outcome of his Labour dispute with FML that attempted transfer of the property to the Nyengas could not be sanctioned by the Registrar of deeds.

After obtaining favourable judgements from the Labour Court which clearly ordered FML to live by its Housing promises to Muzivi at the time he was appointed as the dismissal was a nullity Muzivi relocated overseas leaving the property under the care of his brother and occupied by his brother in law.

Meanwhile the Nyengas continued to pursue the agreement of sale with FML and paid the purchase price direct to FML but still could not get the property transferred into their names until they managed to dismiss the application for the cancellation of the sale filed by Muzivi at the High Court.

The absence of Muzivi provided an opportunity for FML and the Nyengas to connive against Muzivi and obtained a High court order dismissing the application on the grounds that Muzivi had not prosecuted the matter in accordance with the rules of the High Court.

Using the High Court order that Muzivi had through his lawyers Hogwe Dzimirai and Partners tried to reverse by a failed appeal to the Supreme Court the Nyengas proceeded to change title to the property into their names and attempted to evict Muzivi’s brother in law living at the property but faced resistance.

On Saturday 13 November 2010 Mr Sinoia Nyenga arrived at the property with his household effects and a team of bodyguards and forced their way into the property notwithstanding that an application he has filed with the Kadoma magistrate to evict the occupants had not been confirmed.

 The matter is now being handled by Kadoma Central Police Station.

But it is obvious something is not exactly right when the High court which refused to adjudicate the Labour dispute between FML and Muzivi becomes the conduit through which his the justice he had been granted by the Labour Court and upheld by the Supreme Court are dispossessed from him.

The High Court was not made aware of the conflict between its technical dismissal of the matter and the findings of the Labour Court upheld by the Supreme Court.

For this reason Muzivi was waiting for an opportunity to be heard during eviction proceedings but now that the Nyengas have taken the law into their hands by forcing their way into the property Muzivi is preparing to evict him and sue FML for the illegal sale of his house used equal means to resist the current intrusion by the Nyengas setting grounds for a potentially violent confrontation between the two.

Meanwhile the Labour Court is yet to determine the quantification dispute before it which involves the value of the house in dispute and until that has been done it unlikely there will be peaceful co-existence at No 1 Mahogany Road, Westview, Kadoma.