BY CHARLES LAITON
The matter, in which former Industry and International Trade deputy minister Phineas Chihota is being accused of seizing a Borrowdale property without paying the purchase price, has taken a new twist with the alleged victim, Sarudzayi Nhundu, accusing a renowned law firm of being involved in the matter.
Initially, Nhundu had filed summons against Chihota, but she recently revised her court papers and included former Goromonzi West MP Beater Nyamupinga, Wintertons Legal Practitioners and the Registrar of Deeds as respondents.
Nhundu said since December 2019 when Chihota and Wintertons Legal Practitioners caused her eviction from her house, she had been sleeping in the open and had nowhere to go.
“The first and third defendants (Chihota and Wintertons Legal Practitioners) in December 2019 caused my eviction from my house notwithstanding the fact that I do not owe first defendant a penny out of the collapsed sale, and I have been living in the open ever since with nowhere to go,” Nhundu said in her affidavit.
“The first and third defendants are known for swindling people of their properties and they want to reap where they did not sow and the courts must stop this injustice and grant my claim as prayed for.”
Nearly 14 years after signing an agreement of sale for Stand 139 Rietfontein Township 9 of Lot 11 of Rietfontein measuring 3 661 square metres, also known as Number 78 Ridgeway North, Borrowdale, Harare, the former deputy minister is alleged to have reneged on the agreement, forcing Nhundu to live a destitute life.
Nhundu, however, last month approached the court with summons seeking an order for the cancellation of the agreement of sale and the reversal the of title deed to the property which Chihota is now claiming ownership.
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“The plaintiff’s (Nhundu) claim against the defendant (Chihota) is for:-cancellation of the agreement of sale entered into between plaintiff and first defendant on January 25, 2006 and reversal of title deed number 3005/07 registered in the name of Phineas Chivazhe Chihota to title deed number 6998/01 of a certain piece of land situate in the District of Salisbury being Stand 139 Rietfontein Township 9 of Lot 11 of Rietfontein measuring 3 661 square metres, also known as Number 78 Ridgeway North, Borrowdale, Harare,” Nhundu said in her declaration.
In her affidavit, Nhundu said sometime in January 2006, she considered selling the property and began advertising it whereupon on January 25 of the same year, Chihota showed interest and asked her to accompany him to CABS Head Office in Highlands.
The woman said the two agreed that the purchase price of the property would be ZWL$28 billion which amount was supposed to be immediately payable and further agreed that if he failed to observe or perform his obligations and failed to remedy the breach, she would be entitled to cancel the agreement.
Nhundu said she did not at any point in time receive any payment of the purchase price from Chihota although he obtained other judgments under HC3368/07 and HC624/06 on the fundamental misrepresentation to the court that he had paid the purchase price.
