Questionable documents lead to daughter reclaiming...

Questionable documents lead to daughter reclaiming family home in Chegutu

Nyashadzashe Ndoro

Zim Now Reporter

A High Court judgment has ended a long-running dispute over a Chegutu property, with the rightful owner being awarded possession after a complex legal battle regarding the validity of a sale agreement and a court order.

In a judgment handed down by Justice Fatima Chakapamambo Maxwell, the High Court has declared Jannifer Lemukani the rightful owner of house number C44 Chegutu, ending a years-long legal battle with Kaskola Mudhala who had been occupying the property.

Lemukani, the daughter of the late David Webu Lemukani, had approached the court seeking to have an agreement of sale dated March 7, 2011, declared null and void. The agreement purported to show the sale of the property by her deceased mother, Evelyn Pange, to Mudhala's wife, the late Enara Muguza.

Jannifer Lemukani, through her lawyer E Dondo, argued that her mother had died in 2009, two years before the alleged sale.

"My client's mother passed away on 17 April 2009," read part of the court documents.

"She could not have signed an agreement of sale in 2011."

Justice Maxwell agreed. "A certificate of death for Evelyn Pange was produced as exhibit one," the judgement reads.

"It indicates the date of death as in April 2009... Since the presumption is rebuttable, the official documents are considered valid until proven otherwise. Second defendant did not discharge the onus on him."

Mudhala, represented by P Muzvuzvu, had however, contested the validity of the death certificate, claiming it was supplied by Lemukani. He also produced a court order dated May 10, 2022, which he argued compelled the transfer of the property from Evelyn Pange to Enara Muguza.

Justice Maxwell dismissed the authenticity of the court order.

"The authenticity of the court order relied upon by the second defendant is questionable," the judgement states.

"The copy on page 9 of his bundle of documents indicates that it was a default order... It is, however , signed on his behalf... The two documents do not have the same information. Their authenticity is therefore questionable."

With the agreement of sale and the court order deemed invalid, Justice Maxwell ruled in favor of Lemukani. "The purported agreement of sale... be and is hereby declared void and of no force," the judgement reads. "Applicant be and is hereby declared the sole holder of rights and interests in the property..."

The judgment also grants Lemukani possession of the property and orders Mudhala to vacate within 10 days.

"First and second respondents and all those claiming right of occupation through them at the property known as stand No. C44 Chegutu be and are hereby ordered to vacate the premises within 10 days from the date of this order," the judgement reads, "failure of which the Sheriff of the High Court or his lawful deputy shall be authorized to evict them."