Castle Lager Premier Soccer League giants Dynamos are embroiled in a property wrangle with the prospective owner of Dynamos’ Waterfalls stand whose sale agreement between the two parties was reached 20 years ago.
BY CHARLES LAITON
The club is accused of reluctance to facilitate the change of ownership for the property that Joseph Madenyika claims to have paid for in full.
Madenyika has approached the courts to try and force Dynamos to transfer the property into his name, as is stipulated in their sale agreement in a deal that was reached by the two parties in August 1995.
According to Madenyika, during the period in question, he entered into an agreement of sale with the club in terms of which he purchased Stand Number 688 Midlands Township of Picnic of Subdivision A of Waterfalls after paying a total sum of ZW$70 000.
“In terms of the agreement of sale in particular paragraph 11 thereto, the first defendant (Dynamos) was to transfer its interest in the stand to plaintiff upon compliance with the said agreement,” Madenyika said in his declaration.
The agreement between the two parties read in part: “The purchaser (Madenyika) shall be entitled to take transfer of the property once the purchase price and all interest thereon has been paid in full. Transfer shall be effected by the seller’s conveyancers Mapfumo Debwe & Partners . . . the purchaser undertakes to provide all such information, sign all such documents and pay all such monies as may be required by the said conveyancers within 14 days of the request being made.”
In his summons, Madenyika said he had complied with paragraph 11 of the agreement and the City of Harare had on several occasions issued rates clearance certificates to pave way for the transfer of DeMbare’s rights in the said stand to him.
“Despite the plaintiff’s (Madenyika) compliance with the agreement of sale and City of Harare allowing the transfer of the stand from 1st defendant to plaintiff, first defendant has either refused and/or failed to sign papers so that second defendant (The Registrar of Deeds) can pass transfer in the said stand into the name of plaintiff, and in doing so 1st defendant breached its agreement with plaintiff,” he said.
Madenyika further said he had incurred costs of seeking more than three rates clearance certificates from the City of Harare to enable Dynamos Football Club to pass transfer, but the latter had neglected to perform its contractual obligation in terms of the agreement.
“The plaintiff has called on first defendant (Dynamos) to pass transfer in respect of the stand for more than 10 years yet first defendant has acted in total disregard of its obligations in the agreement and has caused plaintiff to incur huge costs in suing defendant. Plaintiff failed to make use of its title deeds for over a decade now.” Dynamos Football Club is yet to enter an appearance to defend notice.