A couple have lost a bid to force a prominent Harare lawyer to refund them US$320,000 for a house in the upscale suburb of Gunhill after the High Court dismissed the case for lack of merit.
Mr Bashir Zia Qudusi and his wife Marina were accusing senior lawyer Mr Aston Musunga of allowing them to buy a Gunhill house worth US$320,000 when he knew it was non-transferable.
In a suit filed in the High Court in July 2021, the couple listed Mr Musunga, his law firm Musunga, Makaka and Associates and the estate of the late David Chambura Kamunho, as defendants.
The couple sought an order compelling Mr Musunga and his law firm to refund the sum of US$320,000 plus interest at the fixed rate from the date of signing of the sale agreement.
But after listening to the arguments of both parties’ lawyers, Judge Samuel Deem dismissed the couple’s lawsuit against the lawyer and his company.
He quashed the application against the estate of the late Mr Kamunho on the grounds that it had been incorrectly cited and therefore had not been properly brought before the court.
Reasons for the request will be provided in due course.
Mr Musunga yesterday felt vindicated by the court ruling. “It is really important that people do not make frivolous and vexatious allegations against innocent lawyers in an attempt to discredit them, for no clear reasons.”
Through their lawyer, Mr. Jonathan Samukang, the couple claimed that they purchased a property from the late David Kamunho on October 5, 2012.
Musunga and his partners were in the business of transporting goods, but it was allegedly Mr Musunga himself who handled the sale.
Before signing the Sale Agreement, Mr. and Mrs. Quddusi requested a copy of the title deed, which Mr. Musunga duly provided.
But the couple claimed the property was mortgaged and therefore could not be transferred, and they were not told this.
While discussing Mr Musunga’s case, lawyer Thabani Mpofu dismissed the allegations made against his client. He explained to the judge that after the couple instituted legal proceedings against Mr Musunga in 2017, a transfer order was made and the transfer process was initiated which was at some point aborted due to an appeal by CBZ Bank.
Adv Mpofu told the judge that the couple eventually took over the transfer but only after paying some money to CBZ Bank. He added that the couple succeeded in the case they filed against CBZ Bank, but it was not clear why this amount was paid.
The court also heard it was not clear how much they were supposed to pay.
In fact, the challenge raised on this specific issue was not answered. Announce
