HARARE, Jul. 22 (NewsDay Live) – The High Court has ordered businessman Future Chirango Muvirimi and his wife, Petronella, to vacate a luxury Waterfalls property after dismissing their fraud claims against registered owner Leathout Investment in a dispute that has stretched for more than a decade.
Justice Regis Dembure granted Leathout Investment’s application for the couple’s eviction, ruling that they failed to prove allegations that the property had been fraudulently transferred into the company’s name.
The dispute dates back to April 2, 2014, when Leathout Investment sued for the Muvirimis’ ejectment from Stand 8 Malvern Township, Waterfall Villa, a 1.3797-hectare property in Harare.
Leathout argued that it was the registered owner of the property after title had been transferred from the Muvirimis and was entitled to recover possession because the couple remained in occupation without its consent.
The Muvirimis contested the claim, arguing that Leathout’s ownership was under challenge in a separate High Court matter and alleging the property had been unlawfully and fraudulently transferred into Leathout’s name without their consent.
They alleged businessman Simon Rudland fraudulently facilitated the transfer.
Representing Leathout, Advocate Thabani Mpofu argued that the allegations fell far short of establishing fraud.
Mpofu said the Muvirimis had voluntarily executed a special power of attorney authorising Rudland to sell the property, conclude the sale, receive payment and effect transfer before the Registrar of Deeds.
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He argued that once the defendants acknowledged granting those powers, their fraud allegations collapsed.
Mpofu also submitted that documentary evidence, including a signed acknowledgement of debt, demonstrated the parties’ legal relationship and undermined claims that the transfer had been unlawful.
Justice Dembure agreed, finding that the defendants had failed to prove the essential elements required to establish fraud.
“The law is settled on the requirements or essential elements which must be pleaded and proved in a claim for fraud,” the judge said.
He said the defendants’ pleadings and evidence were insufficient to show that Leathout’s title had been tainted by fraud or illegality.
“The defendants’ cursory attempt to plead fraud was manifestly fatal. Their evidence failed to establish any of the elements of fraud or that the deed of transfer registered in Leathout’s name was tainted with fraud,” Dembure said.
The judge also found there was no evidence that fraudulent documents had been submitted to either the Zimbabwe Revenue Authority or the Registrar of Deeds during the transfer process.
“There was no confirmation from ZIMRA that any fraudulent documents were used to obtain the capital gains tax certificate,” he said.
Dembure further criticised the defendants for continuing to pursue a defence after withdrawing an earlier case challenging Leathout’s ownership by consent.
“The withdrawal of the matter was fatal to their case. Without a proper pleading to base the defence, their fate was sealed,” he said.
Describing the conduct as an abuse of court process, the judge said allegations of fraud are serious and must be strictly proved.
“People must learn to live with the consequences of their own conscious decisions and actions. Allegations of fraud are serious and are not merely assumed. They must be strictly proved,” he said.
The court ordered Muvirimi, his wife and all those claiming occupation through them to vacate Stand 8 Malvern Township, Waterfall Villa, measuring 1.3797 hectares and held under Deed of Transfer No. 6022/2010.
