The eviction of businessman Tendai Mashamhanda from a luxury mansion in Harare’s upscale Highlands suburb has been put on hold until the High Court rules on his new appeal, after it heard arguments this week.
The eviction notice, requiring him to vacate the house by the end of Thursday, came as the businessman lodged an appeal against the entire High Court ruling.
The three-judge appeal panel, Justice Tendai Uchenna, Justice George Chiweshe and Justice Hlekani Mwira, heard the new appeal and reserved its ruling for a later date.
Mr Mashamhanda, represented by Professor Lovemore Maduku and instructed by Mr Kudzai Rangarirai of Rangarirai and Associates, is challenging the eviction on the basis of improvements he made to the property at a cost of millions of US dollars.
“There is no dispute that he (Mashamhanda) made improvements to the property and, therefore, is entitled to compensation before the eviction,” Professor Madhuko said. “He can’t leave empty-handed after all this effort.”
But Bariyadi Investments, which won the legal battle over the house late last year, opposed the appeal, arguing that Machamhanda should not be compensated for the alleged improvements because they were made against a court order.
Last year, the High Court ruled that even if Mr Mashamhanda lodged an appeal against the ruling, enforcement would continue and he would have to continue until the High Court’s final decision on the eviction.
Undeterred by the Supreme Court order, Mr Mashamhanda is still fighting tooth and nail to survive.
Mr Mashamhanda has asked the High Court to order a forensic examination of the documents used to make the decision for Bariade Investments to see if any were forged.
Mr Mashamhanda is the son of businessman Mr Alex Mashamhanda, founder of Mashamwedi Holdings. He bought the disputed house for US$230,000 from Harare lawyer Buai Chiotsi before developing it for US$1.5 million, but the High Court ruled it was sold to him fraudulently, so he should be evicted.
Last year, High Court judge Justice Maxwell Takova ordered Mr Mashamhanda evicted from 41 Ridgway North.
This prompted him to resort to the Supreme Court of Appeal, and he also submitted an urgent request to stop the implementation of the ruling until the matter is decided.
Mr. Mashamhanda accused some judges of tampering with the case against him and lodged numerous complaints with the Judicial Service Commission and the Ministry of Justice, Legal and Parliamentary Affairs.
It also calls for the resignation of judges, including Chief Justice Luke Malaba, for being “corrupt.” Announce
