Zim Now Writer
Harare businessman Tendai Mashamhanda’s attempt to save his home has hit a snag after his application for stay of execution was dismissed by the Supreme Court.
Mashamhanda had purchased the property for US$230 000 from lawyer Piwai Chiutsi and claims to have significantly increased its value through renovations, making it worth more than US$1.5 million. However, the High Court ruled in November 2023 that the sale was fraudulent and ordered Mashamhanda to vacate the premises.
Mashamhanda then appealed the decision to the Supreme Court, but Justice Chinembiri Bhunu dismissed the appeal, arguing that Mashamhanda was unlawfully occupying the property.
The judge noted that Mashamhanda had been in possession of the property for five years without the legal owner’s consent and that his prospects of success on appeal were slim.
“Considering that the applicant has dismally failed to discharge the onus of proving that he has any reasonable excuse for clinging onto the respondent’s property without its consent, the application cannot succeed as his prospects of success on appeal are bound to fail. Thus dismissal of the application will meet the justice of the case without turning it on its head,” the judge noted.
This latest development comes after Mashamhanda accused judges involved in the case of corruption, prompting calls for their resignation. The substantial value of the property and the ongoing legal battle have also garnered public attention.
The businessman is yet to announce his next move.
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