Gwanda council, resident sued over botched housing stand deal

GWANDA Municipality and a resident, Mqabuko Ndlovu, are being sued over a botched housing stand deal after the latter became evasive in signing the deeds transfer to the buyer for several years.

BY SILAS NKALA

Maxwell Ndlovu filed an application at the Bulawayo High Court citing Mqabuko and Gwanda Municipality as respondents.

In his founding affidavit, Maxwell submitted that on January 19, 2006, he bought stand number 523 Mount Gazalet in Gwanda from Mqabuko whose price was Z$650 000.

“The full purchase price was paid by my representative one Lorita Moyo. I subsequently took occupation of the property which at that time was a vacant residential stand and have since effected some improvements. The first respondent [Mqabuko] was supposed to proceed to second respondent [council] offices and sign all the remaining and necessary papers for the transfer of his rights and interests to the property to me. To date, first respondent has not done so and is constantly giving excuses for not signing transfer papers at the council,” Maxwell submitted.

“I am approaching the court seeking an order compelling respondent to proceed to offices of the second respondent to sign all the necessary and relevant documents for the transfer of stand number 523 Mount Gazalet, Gwanda, into my name within five days of service of the order on him.”

Maxwell said he prays that the messenger of court Gwanda be authorised and empowered to sign all the necessary and relevant documents for the transfer from first respondent’s name to his.

He said he paid the first respondent in full and his refusal to sign paper work is unreasonable and malicious thereby exposing him (Maxwell) to unnecessary legal costs as he has been forced to engage the services of lawyers to compel him to transfer the property into his name a process he should have done voluntarily.

The council and Mqabuko are yet to respond to the application.

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