Harare businessman Tendai Mashamhanda is in a legal battle to extend his stay at his upscale Highlands residence, as he fights against an eviction notice served on him.
Mashamhanda, son of business mogul Alex Mashamhanda, filed an urgent High Court chamber application seeking a six-month extension of the ejectment notice, which ordered him out of the house by February 29, 2024.
According to Mashamhanda, the short notice given by the sheriff of the High Court, less than 72 hours, is unconstitutional and puts his family at risk of homelessness.
The property in question is owned by Bariade Investments, a company with which Mashamhanda has been entangled in a legal dispute for years over ownership claims. Mashamhanda asserts that he purchased the property for US$230,000 from Harare lawyer Pihwai Chiutsi. However, Bariade Investments contests this, stating that they acquired the property through a valid Sheriff's sale after it was fraudulently sold to Mashamhanda while under judicial attachment in September 2017.
Despite these legal contentions, Mashamhanda claims to have improved the property significantly, increasing its market value to US$1.5 million.
In his urgent chamber application, Mashamhanda emphasized that the house has been his family's home for the past four years, housing his wife and minor children. He cited section 74 of the Constitution, which grants individuals the right to freedom from arbitrary eviction, to support his argument for a six-month extension to secure alternative accommodation.
"I very much abide by the judgment of this court that determined that my home is owned by the respondent," Mashamhanda stated. "My present dispute with the respondent relates to the eviction process in the circumstances of this matter."
Bariade Investments had previously won the legal battle over the property, resulting in Mashamhanda filing an appeal at the Supreme Court to halt the execution of the lower court's judgment. However, his appeal was unsuccessful, leading to the current predicament.
Mashamhanda has accused several judges of corruptly influencing the case against him and has lodged complaints with the Judicial Services Commission, Chief Justice Luke Malaba, and the Justice ministry.
