BUSINESSMAN Frank Buyanga recently registered a victory in the Supreme Court after judge of appeal Justice Anne-Mary Gowora dismissed an appeal by a Harare man Tonderai Tarima seeking to reverse the sale of his property to Zimcor Trustee.
Report by Charles Laiton
Tarima had applied for condonation of his failure to note an appeal timeously under case number SC313/11, after losing his house in the High Court and Justice Gowora ruled against him citing he had not complied with appeal rules.
“The application be and is hereby dismissed with costs,” Gowora ruled in her chambers.
Tarima’s appeal came about after High Court judge Justice Bharat Patel in September 2011 dismissed his claim for cancellation of a sale agreement with Buyanga.
Buyanga had, through one of his companies, Zimcor Trustee Private Limited, bought a residential stand in Vainona from Tarima for Z$4 quadrillion in January 2009.
The property ownership was later transferred into Zimcor Trustee’s name after which Tarima allegedly signed an agreement of sale confirming he had received payment.
However, while Buyanga was out of the country, Tarima made an application seeking an order to cancel the sale and direct the transfer of ownership of that property back to him.
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But under Clause 1 of the agreement of sale, the purchase price was acknowledged as having been fully paid by Buyanga on the date of signature and Clause 10 constituted that the entire agreement would be alterable only in writing.
“The signature of the seller shall, therefore, be confirmation of payment in full of the purchase price and to that end the seller is stopped from denying full payment,” read the clause.
Justice Patel had dismissed Tarima’s application on the basis that the agreement signed by both parties indicated that payment had already been effected.
Both parties, according to the agreement of sale, confirmed that by January 26 2009 when the agreement was signed, payment for the stand had already been made.
