By Netsianda Mashudu
Zimbabwe Electoral Commission (Zec) commissioner Dr Qhubani Moyo has won a legal battle against a Bulawayo widow with whom he was locked in a protracted house ownership wrangle for the past 18 years.
Dr Moyo bought a residential stand in Selbourne Park suburb from the late Mr Leonard Godfrey Masina and his wife, Regina, for ZW$260 000 in 2001 and developed it.
However, Ms Masina by virtue of being the surviving spouse of the seller of the property, had been refusing to sign all papers necessary to effect cession of his rights, title and interest in the property.
Dr Moyo, through his lawyers Shenje and Company, filed an application in terms of section 3 of the Titles Registration and Derelict Lands Act at the Bulawayo High Court citing the Estate of the late Leonard Masina, Ms Regina Masina and the Bulawayo City Council as respondents.
He sought an order directing Mrs Masina to sign all the required papers to effect cession of his rights, title and interest in the immovable property into his name or proxies within 10 days of the order.
Justice Maxwell Takuva ordered Ms Masina to sign the papers failure of which the Sheriff of the High Court was granted leave to do so in terms of section 3 of the Titles Registration and Derelict Lands Act.
“The first respondent (Estate of the late Leonard Masina), his agents, nominees or proxies or administration of his estate as the case may be, be and are hereby ordered to sign all papers necessary to effect cession of his rights, title and interest in the property called stand 14395 Selbourne Park, Bulawayo into the names of the applicant,” said Justice Takuva.
“In the event that she fails to comply with the order, Dr Moyo wants to be granted leave for the Sheriff of the High Court to sign the papers in terms of section 3 of the Titles Registration and Derelict Lands Act.”
In papers before the court, Dr Moyo said the late Mr Masina at the time of the sale was a holder of certain rights, title and interest in the immovable property which was at that time an undeveloped piece of land.
“On August 14 in 2001, the first and second respondents sold the piece of land to me in terms of a written agreement in the sum of ZW$260 000,” said Dr Moyo.
He said he developed the property in compliance with the terms in the principal agreement with the Bulawayo City Council.
Dr Moyo said the sale of the property had the full blessings of council after he had been on the housing waiting list.
“I must confess that I have not had any contacts with the respondents for over 10 years, but contend that they (respondents) have an obligation to cede the property in my name for me to properly exercise my rights in the property to their fullness,” he said. The Chronicle