A Harare man is fighting to win back four hectares of land in Borrowdale after being sold twice

Source: A Harare man is fighting to win back four hectares of land in Borrowdale after being sold twice – Standard

Richard Mudhanda bought a four-hectare plot of land in Borrowdale from Jennifer Nan Brooker and Adrian Staley Piers Emmerson.

A Harare man is fighting to regain control of his property in the luxury Harare suburb of Borrowdale after it was sold to another man by two sisters who sold him the land.

Richard Mudhanda bought a four-hectare plot of land in Borrowdale from Jennifer Nan Brooker and Adrian Staley Piers Emmerson.

The sisters sold the same property to a third party, claiming that Mudhanda took too long to change the title deeds.

Mudhanda bought two stands in Colne Valley, Borrowdale from Brooker and two more from Emmerson in 2002, which he registered in the name of his company Humworthy Investments and Prototel Enterprises in 2009.

However, he was shocked when his title to the land was revoked in 2014 after Brooker and Emmerson said Mudhanda’s title to the land had expired because he had failed to follow prescribed procedures.

They argued that Mudhanda did not change the name for three years, as per the law, and also should have first transferred it into his name before registering it in the name of his company.

Mudhanda then subpoenaed them to force them to register the title in his name, but the sisters instead made specific requests for a prescription.

They insisted that Mukhanda’s claims to the land expired between 2002 and 2009 and that they wanted to make certain requests before agreeing to such an order.

The case was heard by Hugh Court Judge Esther Muremba in 2015, who said the issue of prescriptions was not applicable because the sale agreement did not specify a time frame for the change of ownership.

“The specific claim of limitation raised by the first defender (Brooker) is dismissed and the first defender is ordered to pay the costs of the proceedings,” Muremba ruled on July 22, 2015.

Both appealed to the Supreme Court, but the case was sent back to the High Court to be heard on the merits.

The case was then heard by former Judge Webster Chinamora and Judge Mary Zimba-Dube, who remanded the case to Muremba. Muremba rejected the application on special grounds.

Mudhanda told the Law Society of Zimbabwe about lead lawyer Nick March Wilsmer of Wintertons Legal Practitioners, who represented Brooker and Emmerson.

The two sisters withdrew the claim after Muremba heard the case as they said they wanted the matter decided on the merits in Cases 10410/14 and 10411/14 where Mudhanda sought transfer of titles into his name.

The case was supposed to go to pre-trial hearing and Judge Tawanda Chitapi asked Mukhanda to provide some documents, but his lawyer Nicholas Chikono did not inform his client about the procedure for filing the necessary documents to hear the merits of the case. .

This forced Brooker and Emmerson to apply for dismissal for lack of prosecution, which was heard by Justice Siyabona Musitu on 12 September 2021.

Musitu dismissed Mudhanda’s case for failure to follow procedure but not on merits.

“Thus, the factors to be taken into account differ to the extent that if I have to consider, for example, the prospects of success on the merits, and I am satisfied that the defendant’s claims are reasonable, then this allows me to reject the claims as a Director commissioned by Chitapi . J,” Justice Musitu’s order dated September 19, 2022 read.

“However, the essence of the application before me is a failure to comply with the order.”

Wilsmer facilitated the sale of the property to Bendigo Investment through Patrick Paul Kennan’s real estate company Kennan Properties.

Bendigo purchased Stand 296 on 7 March 2023 for $290,000 and the property was transferred on 13 April 2023.

Stand 285 was purchased on May 2, 2023 by Godwin Nhamachena for US$300,000 on May 2, 2023, but was finally transferred on December 1, 2023 after Mudhanda applied for condonation and cancellation of the transaction.

This forced Mudhanda to apply to cancel the Bendigo deed and register in his name in November 2023.

He also applied for clemency for failing to timely file documents at a pre-trial conference to have the case heard on its merits.

Before submitting the bid, Mudhanda met on May 4, 2023 with Bendigo directors Ian Kevin Horsley and Daniel Steve Capsopoulos, who were in the company of former Zanu PF youth leader Tendai Chirau, who also claimed to be one of the directors.

Mudhanda told them that the property belonged to him, but Bendigo proceeded to erect buildings.

The application to cancel the documents was heard in Wamambo on 20 March 2024 and the decision was deferred.

Mudhanda’s pardon application was rejected for going to the wrong court.

In July this year, Mukhanda filed applications to enforce his agreements.

Brooker and Emmerson live in Australia and have never returned home due to the raging legal cases.