NEWLY-APPOINTED Harare High Court judge, Justice Nyaradzo Munangati Manongwa, has approached the courts seeking to compel a Harare man, transfer a house, which she purchased through Homelink (Private) Limited in November last year, to her.
BY CHARLES LAITON
According to summons filed on her behalf by Messrs Sinyoro and Partners, Manongwa accused Monday Derick Moyo of refusing to transfer the property, despite the judge having paid her dues as agreed.
The property in question is cited in the court papers as stand 209 Athlone Township 2 of Greengrove C, measuring 5 040 square metres held under deed of transfer number 7698/86.
In the litigation, Manongwa, Giver and Tapiwanashe, are cited as plaintiffs, while Moyo, the Registrar of Deeds and Homelink are cited as respondents.
Manongwa claimed that sometime in November last year, she concluded a written agreement of sale with Moyo, where the latter sold his house for $155 000.
The judge said the material terms of the aforesaid agreement were, among others, that the purchase price would be paid in full through mortgage finance from Homelink, on behalf of Manongwa’s family.
It was also agreed that payment of the purchase price would be effected against or upon registration of the title to the Manongwa family.
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“The first defendant (Moyo) was obliged to settle capital gains tax, if any, and municipal rates. The plaintiff (Justice Manongwa) would be responsible for payment of all costs incidental to transfer, transfer duty, conveyancing fees and mortgage bond registration on demand,” she said in her declaration.
She said it was agreed: “That the first defendant would vacate the property within three months from date of payment of the full price and that the first defendant would pay to plaintiff $350 per month as rentals for the three months period of his continued occupation of the property after settlement of the purchase price.”
But, in breach of the agreement of sale, Moyo allegedly failed to perform his obligations “by refusing or neglecting to pay the requisite $239,91 being rates due and owing to City of Harare for the issuance of a rates clearance certificate”.
The judge further said Moyo was refusing to pay the tax obligations and neglecting to attend the conveyancers’ chambers to execute the declaration by seller.
Moyo has since entered an appearance to defend notice.
Manongwa was appointed High Court judge last year.
