Former First Lady Grace Mugabe has taken Harare property developer, Arosume Property Development (Pvt) Ltd, to court demanding that the two Borrowdale stands which she claims were donated to her seven years ago, be transferred to her name.
BY CHARLES LAITON
Through her lawyers, Messrs Chivore Dzingirai Group of Lawyers, Grace also said she was seeking an order for the execution of the firms’ property in the event that it fails to pay the cost of transferring the residential stands into her name.
In her declaration filed at the High Court, Grace said the properties in question were Stand number 312 Carrick Creagh Township of section 4 of Borrowdale Estate, measuring 2,3311 hectares held under deed of transfer number 359/09 and Stand number 313 measuring 2,6676 hectare held under deed of transfer number 3012/08.
“In this action (summons dated April 9, 2018) the plaintiff (Grace Mugabe) seeks an order requesting specific performance and compelling the first defendant (Arosume Property) to cause transfer and registration of the two above mentioned properties which were donated to the plaintiff,” Mugabe said.
“Plaintiff is aware that there are certain statutory payments which must be made by the first defendant before transfer of the properties can be affected. It is just and equitable that should the first defendant fails or neglects to make the statutory payments, its movable or immovable properties should be declared executable and the costs recovered thereof be used for paying the statutory bodies and other service providers who will be owed.”
Grace also said since she had “been unnecessarily put out of pocket in instituting these proceedings” she was urging the court to order the firm to pay the costs of suit on a legal practitioner and client scale.
According to Grace, sometime in August 2011, Arosume Property donated to her the stands in question and “as a show of intent to perfect the donation”, the firm, through its representative, who was not disclosed in court papers, delivered the properties’ original deeds of transfer to her.
“On or about August 2011, the plaintiff accepted the donation and as a sign of its acceptance of the donation, it accepted the delivery of the original deeds of transfer of the property which were handed to her by the first defendant through its representative and which are still in her possession,” she said.
However, sometime in March this year, Grace said she requested the property developer to cause the transfer and/or register the donated stands to her name, but the firm did not do so, prompting her to approach the High Court for recourse.
“First defendant does not have any basis for refusing to cause the registration of the immovable property it donated to the plaintiff,” she said.
The firm is yet to respond to the lawsuit.