By Mary Taruvinga
ZANU PF secretary for legal affairs, Munyaradzi Paul Mangwana has suffered a blow after the High Court reversed his claim to a Glen Lorne property which he had bought through a private sale by the Sheriff without the knowledge of the owners.
The issue has come under scrutiny after Justice Clement Phiri cancelled the sale and allowed the property owners to lodge their objection to the sale in terms of the law.
He said the owners of the house who had issues with their bank were in total darkness with regard to proceedings and as such, they deserved to be pardoned.
According to court papers, Mangwana and his wife Pauline had bought and were declared rightful owners of stand number 2157 Glen Lorne Township 30 of Lot 30 of Glen Lorne held under deed of transfer number 2280/2016 following a private treaty sale that was conducted by the Sheriff after paying USD$260 000.
“The fourth respondent’s (Sheriff) decision to declare first and second respondents (Munyaradzi and Pauline Mangwana) as purchasers and subsequent confirmation of the sale for stand number 2157 Glen Lorne Township 30 of Lot 30 of Glen Lorne is hereby set aside,” Justice Phiri ruled before cancelling the deed of transfer.
Before the sale, the house belonged to David and Kumbula Chiweza whose company, Watson Investments (Pvt) Ltd, had loan issues with CBZ Bank Limited amounting to USD$207 203.
However, when the bank took the Chiwezas to court, judgement was entered against the couple leading to the property being surrendered to the Sheriff for sale.
It is alleged that when the Sheriff conducted the sale, the couple was not informed that their house was being put up for sale and this denied them the chance to object.
It was only after the house had been sold that the couple now became aware of what had transpired.
“The fourth respondent once again purported to notify and serve the applicants (David and Kumbula Chiweza) through Watson Investments (Pvt) Ltd to another different none existent address being 13 Bargate Close Glen Lorne, Harare.
Consequently, the applicants were never made aware of all these developments and they remained in the dark and helpless as events unfolded,” the Chiweza couple said.
“Also, of importance is that the property was sold by private treaty and not by way of forced public auction. The reason was for it to fetch a higher price…according to third respondent (CBZ Bank) valuation, the market value of the property was pegged at USD$470 000 and forced sale value was USD$307 000. In light of these valuation reports, the price of USD$260 000 which was the price confirmed by the fourth respondent is not nearer to any of the above figures of actual valuations….”
The Chiwezas said it was clear there was a glaring irregularity in the way the sale was conducted and confirmed by the Sheriff.