Businessman loses Borrowdale mansion eviction case and sale appeal

Source: Businessman loses Borrowdale mansion eviction case and sale appeal -Newsday Zimbabwe

A HARARE businessman has lost his appeal challenging the High Court’s decision to reject his application to set aside a default judgment entered in a contentious case involving the sale of a $380,000 property in Borrowdale.

The Supreme Court has rejected businessman Frank Hambe’s appeal for legal costs.

He was embroiled in an ongoing legal battle that began in 2015 with another businessman, Godfrey Munyamana and his company Sparkles Services, over the sale of a house in Borrowdale.

In his appeal, Khambe named Desmond Muchina, Munyamana, Fadzai Munyamana, Sparkles Services (Pvt) Limited, the High Court Sheriff, Tonderai Matingo and the Registrar of Deeds as respondents one to seven respectively.

As the appellant, Khambe asked the High Court to set aside the default judgment entered by Muchina against Munyaman and his Sparkles Services in case number HC 11601/17.

He also wanted the sheriff to stay the execution transaction arising out of the same default judgment and the cancellation of deed of conveyance No. 2446/19 of No. 67 Hogerty Hill, Borrowdale, measuring 4,603 m².

Khumbe claimed that after purchasing the house, he occupied it, although no transfer of ownership was made in his name.

He then issued a summons to transfer the property into his name.

Since the summons had not yet been issued, Muchina and Munyamana were simultaneously sued for debt collection under HC 11601/17, pursuant to which Munyamana owed Muchina US$352,851.30.

The case was not defended, resulting in a default judgment being entered against Munyaman, prompting Muchina to seek Khumbe’s eviction from the house.

Acting on a writ, the sheriff seized and sold the property to Matingo, who then registered it in his own name under number 2446/19.

In 2020, Matingo obtained an eviction order through summary judgment in Case No. 3083/22.

Seeing himself being ejected, Khumbe concluded that Muchina and Munyamana had deceived him.

He believed that the default judgment resulted from a fraudulent scheme undertaken by both of them.

Khambe said the High Court’s default judgment was erroneous because it was the result of fraud.

High Court Judge Priscilla Munangati Manongwa rejected his application.

Sitting on the appeal bench, Justices Chinembiri Bhunu, Lawanda Makoni and Felistas Chitakunye said: “The appeal is dismissed and is hereby struck out with costs. In the exercise of judicial powers under section 25(2) of the Supreme Court Act (Chapter 7.13), the judgment of the High Court is set aside and the following is substituted: The application to set aside the judgment is dismissed with costs on a larger scale.”