By Nyashadzashe Ndoro
Chief Reporter
The High Court of Zimbabwe has dismissed a preliminary point raised by Phineas Mariyapera, the first defendant, regarding the court's jurisdiction to hear a matter related to a property dispute.
The court ruled that the High Court has jurisdiction to hear the matter, despite the first defendant's argument that the parties had agreed to submit to the jurisdiction of the Chegutu Magistrates Court.
Justice Siyabona Musithu stated that "the validity of the agreement is a matter for the trial court to determine" and that "the High Court cannot be ousted of its jurisdiction by a disputed agreement."
The dispute centers around a property in Chegutu, with the plaintiff, Douglas Vhurumundu, seeking a declaratur that the deed of cession signed on June 15, 2011, is valid, and that any other agreements subsequent to that date are null and void.
The plaintiff claims that the purchase price of US$12,000 was paid in full, while the first defendant claims that there was another agreement signed on October 30, 2020, with a purchase price of US$90,000.
The court's ruling means that the matter will proceed to trial, with the High Court set to determine which agreement is valid. The plaintiff's legal practitioners, Chingezeya Maeresera & Partners, welcomed the ruling, while the first defendant's legal practitioners, John Mugogo Attorneys, indicated that they will proceed with the trial.
"The court is persuaded by the plaintiff’s submission that the first defendant is being duplicitous. He cannot seek to enforce the provisions of the same agreement that he claims to be the product of fraud. The question of which of the two agreements is valid stands out as the main issue for determination by the trial court. I am also persuaded by the plaintiff’s submission that s 14(1)(g) of the Magistrates Court Act does not oust the jurisdiction of this court to grant a declaratur even where the lower court enjoys concurrent jurisdiction with the High Court. The preliminary point is devoid of merit, and it must be dismissed.
"Resultantly it is ordered that:
"The preliminary point on the absence of jurisdiction by the High Court is dismissed," the judge ruled.
The matter will continue to be heard in the High Court, with the trial date yet to be set.
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