Harare businessman Tendai Mashamhanda is seeking a court order to cancel the transfer of his property to Bariade Investments (Pvt) Ltd, alleging the title was fraudulently obtained through the use of irregular documents.
Mashamhanda is still locked in a legal battle with Bariade Investments (Pvt) Ltd over ownership of a property located at 41 Ridgeway North, Harare.
Mashamhanda filed a lawsuit in the High Court on April 17, 2024, seeking to nullify the title deed held by Bariade Investments and regain ownership of the land.
Mashamhanda claims he purchased the property, known as the Remainder of Subdivision C of Lots 190,191,193,194 and 195 Highlands Estate of Welmoed, in February 2019, from Puwayi Chiutsi.
He alleges he faced no issues transferring the title to his name until after the purchase was complete.
According to the lawsuit, “it became apparent after title to the property had been registered in the plaintiff’s name that the first Defendant [Bariade Investments] was laying claim to the property, alleging it had bought the property at an auction.”
This auction supposedly stemmed from a debt owed by Chiutsi to another defendant, Elliot Rogers.
Mashamhanda argues that Bariade Investments’ title is fraudulent and based on “legally invalid documents.”
The lawsuit specifies irregularities with the Capital Gains Tax certificate, Rates Clearance Certificate, and anomalies on the Deed of Transfer itself.
Further accusations point towards a fraudulent Power of Attorney supposedly signed by Elliot Rogers, which Bariade Investments’ lawyer, Tendai Biti, used to pursue the claim.
Mashamhanda contends the Power of Attorney is invalid as it lacks proper notary endorsement and contains inconsistencies in its dating.
The lawsuit is based on the documentation used to transfer ownership to Bariade Investments.
Mashamhanda claims the application submitted by Biti and the purported Power of Attorney from the Sheriff of the High Court (acting on behalf of Rogers) do not comply with Zimbabwean law.
He argues that these documents lack the necessary certifications and signatures from legal professionals, rendering them unusable for property transfer.
Mashamhanda emphasises that “the Supreme Court judgment which was relied on in transferring the property to the first Defendant was only delivered on 15 February 2022.” This contradicts the Deed of Transfer date of May 5, 2022, further solidifying his claim of an invalid transfer.
Mashamhanda is seeking an order from the High Court to cancel Deed of Transfer Number 2541/2022 and reinstate ownership of the property back to himself. The lawsuit also demands court costs to be covered by the opposing parties.
Bariade Investments and the other named defendants have ten days to respond to the lawsuit by entering an appearance and filing a defense.
If no response is received within the allotted time frame, the High Court will proceed with the case without further notice to the defendants.
