Boka Investments – a tobacco firm with interests in mining and property – has approached the High Court seeking to overturn a judgement granted in favour of Harare businesswoman Anne Thokozani Ncube, regarding a block of Avondale flats which will be worth US$2 million upon completion.
Boka Investments represented by its director Rudo Boka, say they were not cited during a process that led to the High Court granting the flats into the ownership of Ncube.
The firm said, because of that July 2020 order, they complied and through the Sheriff, the property was handed over to Anne Thokozani Ncube.
Boka Investments told the court that had the court been aware of its interests “which were adverted to in her paragraphs 11 and 12 of the First Respondent’s declaration under HC 10265/19, judgment would not have been granted in favour of the First Respondent.”
“Additionally, had this court been aware that HC 10861/15 at the instance of the First Respondent, is pending before this Court, the order would not have been granted,” Boka Investments said.
In summons filed at the High Court, Boka Investments claim that they purchased an Avondale stand from the City of Harare on August 19 1992.
Pursuant to the payment of the full purchase price of US$60,000, Boka Investments said it submitted building plans by G. Teckie Consulting Engineers and such plans were approved by the City of Harare.
“Applicant commenced construction work from the 12th of February 1998 through Mutual Construction (Pvt) Ltd. Unfortunately, Applicant went into judicial management in 1999 before it could conclude the building project. Applicant was subsequently discharged from judicial management by an order of this court,” reads Boka’s summons.
“Applicant has been religiously and without default, servicing its rates account with the third respondent as will appear from Annexures “F1” to “F2”. As at present, Applicant is up to date with the Third Respondent in respect of its rates account.”
“Unbeknown to Applicant, on the 18th of December 2019, Anne Thokozani Ncube issued summons against the Second (Emmanuel Pahwaringira) and Third Respondents (Harare City Council). The summons did not cite the Applicant notwithstanding that Anne Thokozani Ncube knew of the Applicant’s interest in Stand 133 Avondale Township of Subdivision D of Subdivision B of Lot 15 Bloch C of Avondale,” Boka Investments said.
Anne Thokozani Ncube is said to have obtained judgment on the 8 of July 2020 and held on to it.
She only executed the judgment on November 2 2021 were upon the Applicant became aware of the July 2020 order.
The matter is pending.