A Harare couple suing United Family International Church (Ufic) leader, Emmanuel Makandiwa for loss of revenue over the sale of their house have been taken to court over the same property by their lawyer.
By Everson Mushava
Blessing and Upenyu Mashangwa have been in the spotlight after taking Makandiwa to the High Court challenging his prophecies.
In another case, they claim to have lost $200 000 after their house was attached and sold for $500 000 when the couple failed to service a debt despite a Makandiwa “prophecy” that it would be cancelled.
However, it has since emerged that the couple had sold the same house in 2012 to Jemina Gumbo for $800 000.
Payment was made on March 1, the same year into the couple’s investment account with McDowells International Properties Investment.
In a High Court application case number 6476/14, Gumbo, through her lawyers Sande and Associates, claimed she bought the property in Harare’s Marlborough suburb owned by Carmeco Investments, a company where the Mashangwas were directors.
It is the same property the Mashangwas claim was attached and sold for $500 000 instead of $700 000, which saw them incur a $200 000 loss, which they are now claiming from Makandiwa.
According to Gumbo’s court papers, the Mashangwas cancelled the agreement of sale on February 20 2013, arguing they had not received payment from McDowells, which had since been shut down by the Reserve Bank of Zimbabwe.
Gumbo and the couple then entered into an agreement that stated how she would be repaid her money.
Gumbo, a lawyer, claims that through the memorandum of understanding, she was supposed to “help” the Mashangwas with their lawsuit against McDowells.
The Mashangwas obtained “a judgement [Civil Appeal No. SC 339 of 13] against McDowells for the payment of $1 628 704. 24”.
In their case against Makandiwa, the couple alleged that they used a deregistered lawyer, Tichaona Mawere, after Makandiwa’s recommendation and lost $1 700 000. They are now claiming the money from the Ufic leader.
Gumbo’s affidavits, however, indicate the couple won their case against MacDowells at the High Court.
MacDowells appealed to the Supreme Court but lost the case and the Mashangwas were granted permission to attach the company’s properties in Masvingo.
However, Gumbo said after winning the case, the couple stopped communicating with her.
Gumbo, through her lawyers, argued that the Mashangwas “have no right to hold on to the purchase price as they recovered their immovable property whilst plaintiff was prejudiced of her money, in the amount of $800 000.”
She says the Mashangwas, “despite demand on several occasions”, have “failed, neglected or refused to pay the said amount.
The case is yet to be heard.