By Mashudu Netsianda
Prominent Bulawayo businessman Mr Dumisani Mutorera’s ex-wife, Ms Taisekwa Rosie Mtungwazi yesterday lost a court case in which she sought to obtain a protection order against a local businesswoman who bought their house in Romney Park suburb.
Ms Mtungwazi rushed to the courts and filed an application for a restraining order against Bulawayo businesswoman, Ms Duduzile Gumede, whom she wanted to block from entering the house she allegedly bought from them.
On Monday, Mr Mutorera and Ms Mtungwazi allegedly hired bouncers to prevent Ms Gumede from occupying the property, which the couple sold to her in December last year.
Mr Mutorera and Ms Mtungwazi allegedly sold a three-bedroom house for US$36 500 to Ms Gumede, but have allegedly refused to vacate the premises, claiming Ms Gumede still owes them an undisclosed balance.
When Ms Gumede brought some of her property to the house, Mr Mutorera and his ex-wife refused to let her in.
Western Commonage magistrate Mr Jacob Ncube yesterday dismissed Ms Mtungwazi’s application for a protection order against Ms Gumede, saying it lacked merit as the matter purely revolved around an agreement of sale.
“There is nowhere where it is stated that it is a domestic violence issue. This is merely a dispute around the sale of a house, which does not warrant a protection order. Accordingly, the application is dismissed,” ruled the magistrate.
In papers before the court, Ms Gumede was cited as a respondent.
In her affidavit, the applicant, Ms Mtungwazi stated that she entered into an agreement of sale of the disputed house with Ms Gumede whom she now accuses of failing to comply with its terms and conditions.
“I am in occupation of the house and the respondent failed to comply with the terms and conditions of the agreement we entered into for the sale of the house. She came to the house with a group of people and made a lot of noise, they threatened me and my family using abusive language and blocked the main entrance gate,” she said.
Ms Mtungwazi argued that Ms Gumede was not supposed to occupy the house pending the finalisation of the matter, which is before the courts.
“I am now failing to access my house and therefore asking this court to assist me by removing the respondent from the premises as well as stopping her from returning until the matter is finalised at the High Court and the Magistrates’ Court,” she said.
According to a memorandum of agreement of sale, the price of the house was US$36 500, which was to be paid in cash.
Ms Gumede initially paid a deposit of US$35 600 before settling the outstanding balance of US$900 last year on Christmas Eve.
As part of the agreement, Ms Mtungwazi was set to vacate the house on or before March 1 this year. Both Ms Mtungwazi and Ms Gumede signed the documents with their lawyers acknowledging receipt of the money.
Ms Mtungwazi is, however, refusing to vacate the house, arguing that Ms Gumede has not paid the money in full. The Chronicle