EFFORTS to evict prominent Harare businessman, Tendai Mashamhanda from his Highlands home, which is at the centre of a dispute, have hit a brick wall after the High Court ruled that the eviction order was not valid because the issue is still pending at the Supreme Court.
This comes after Mashamhanda was ordered out of the Highlands house in February this year after being served with three-day notice, but was given less than 72 hours to vacate by the Sheriff.
Bariade Investments claimed that it bought the house through an auction, but Mashamhanda argued that the auction was stage-managed, while the title deed was fake.
Mashamhanda has been appealing with the Supreme Court to order a forensic check of the documents used to rule in favour of Bariade Investments.
In his ruling, Justice Samuel Deme said the eviction order was suspended on the operation of law after the businessman had filed appeal summons at the Supreme Court.
Deme ruled: “The appeal noted by the applicant is still pending. The effect of the appeal is that it suspends the decision of this court.
“One wonders why the applicant seeks staying of execution of judgment which is automatically suspended by virtue of operation of law.”
Mashamhanda, who is being represented by Lovemore Madhuku instructed by Kudzai Rangarirai of Rangarirai and Co Legal Practitioners, is challenging the eviction on the basis of the improvements he effected on the property which cost of millions of United States dollars.
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Bariade Investments, which won a legal fight over the house late last year, opposed the appeal, arguing that Mashamhanda should not be compensated for the alleged improvements because they were done in violation of a court order.
Last year, High Court judge Justice Maxwell Takuva ordered that Mashamhanda be evicted from 41 Ridgeway North, which prompted him to lodge an appeal at the Supreme Court and also make an urgent application for stay of execution of the judgment until the matter is finalised.
Mashamhanda has accused some judges of manipulating the case against him and has lodged numerous complaints with the Judicial Service Commission and the Justice, Legal and Parliamentary Affairs ministry.
He is also calling for the resignation of judges, including Chief Justice Luke Malaba, for being “corrupt”.
