Harare Company Pushing for Mashamhanda Eviction
Amidst the legal wrangling between Barriade Investments (Pvt) Ltd and the local entrepreneur Tendai Mashamhanda, controversy swirls over the impending eviction of Mashamhanda from a property valued at a staggering US$1,500,000.
Scrutinizing recent legal documents obtained by iHarare, we find a heated debate stemming from a series of communications exchanged between the disputing parties. A crucial letter dated March 26, 2024, penned by Barriade Investments, has sparked uproar, with accusations that it unduly pressures the Sheriff to hasten Mashamhanda’s eviction.
Represented by their legal team, Barriade Investments voices dissatisfaction with the Sheriff’s handling, pointing to prior notices issued on December 8, 2023, and February 26, 2024. They assert that further warnings are unnecessary, insisting on swift action and hinting at legal repercussions and formal complaints against the Sheriff.
Background of the controversy
Mashamhanda, who is business mogul Mashwede‘s son bought the Highlands property for US$230,000 from Harare lawyer Pihwai Chiutsi. The house was unduly sold to him while it was under judicial attachment sometime in September 2017.
Bariade Investments subsequently purchased the property at a Sheriff’s sale in circumstances where it had already obtained defective title. It is alleged that Mashamhanda obtained tainted title to the property on 5 May 2022 and has been in occupation of the property from 2020.
In December last year, a High Court ruling ordered his eviction. The business mogul then requested for more time to remain inside the premise claiming he was yet to secure alternative accommodation for his young family. He also also averred his impending eviction was against the country’s constitution.
A recent Update on the case
Recently, Mashamhanda’s legal team mounted a counteroffensive. They denounce what they perceive as a sinister attempt to circumvent legal processes and force Mashamhanda into premature eviction. Accusing Barriade Investments of misinterpreting a High Court decree issued on March 21, 2024, they voice their discontent over the handling of case HCH1189/24.
Delving into legal statutes, Mashamhanda’s legal team cites Rule 60(19) of the High Court Rules 2021. They emphasize its significance, arguing that non-urgent matters naturally transition to the ordinary court roll without necessitating further action.
“In the language of Rule 60(19), case HCH1189/24 has been transferred to the ordinary court roll, awaiting its rightful turn,” declares Mashamhanda’s legal representatives. “By this rule, the Sheriff is prohibited from executing the eviction until the fate of HCH1189/24 is decided by the Courts.”
However, the legal battle doesn’t end there. Mashamhanda’s defenders contest the notion that the initial hiccup in executing the eviction stemmed from legal roadblocks. Instead, they attribute it to a pending court application, urging the Sheriff to refrain from action until the judicial scales tip decisively, in line with established legal practices.
Additionally, Mashamhanda’s legal team has recently issued a statement denouncing and complaining about the potential use of force or police involvement in the premature eviction attempt. They emphasize the need for a fair and lawful resolution to the dispute, free from any coercion or undue influence.
“We don’t know if the subtle threat by the Applicant to sue the Sheriff in her personal capacity is what prompted the Sheriff to attempt to bizarrely and unlawfully evict our client as the law and the Courts have been very clear that if there is a pending application, eviction should not take place,” the team laments.
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The post Harare Company Accused of Pushing for Mashamhanda’s Forceful and Premature Eviction appeared first on iHarare News.
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