News / National
Business partner seeks dismissal of Mombeshora's property claim
23 Aug 2019 at 02:41hrs | Views
HARARE businessman Tendai Jemwa has taken former Lands minister Douglas Mombeshora and his wife, Millicent, to court seeking dismissal of the couple's application in which they were seeking an order declaring them co-owners of a Borrowdale property with him.
Jemwa's application came about after the Mombeshoras petitioned the court in June seeking an order declaring that they co-own a Borrowdale property with Jemwa, after he had locked them out of the disputed property.
According to the businessman, the property in dispute is Stand number 110 Quinnington Township of Subdivision K of Borrowdale Estate, commonly referred to as number 80 Quinnington Drive, Borrowdale, Harare.
In his affidavit, Mombeshora had earlier claimed that Jemwa was denying him permission to enter, use and enjoy the property despite him being a 50% shareholder of the property in question.
But Jemwa claims he bought the same property through a public auction.
However, after filing the court papers, the Mombeshoras never pursued the matter, prompting Jemwa to now approach the court seeking dismissal of the application.
"I [Jemwa] filed a notice of opposition together with opposing affidavits on June 19, 2019 as will morefully appear herein as annexure B. The respondents (the Mombeshoras) went on to file an answering affidavit on July 3, 2019 as will morefully appear herein as annexure C," Jemwa said.
The businessman further said since the filing of their answering affidavit, the Mombeshoras have not yet filed heads of argument or set the matter down for hearing.
"The respondents have clearly failed to pursue their application to date as they are obliged to at law thus to ensure the finalisation of this matter, I hereby apply for dismissal of the respondents' court application for a declaratory order under HC4685/19 for want of prosecution in terms of order 32 Rule 236 of this honourable court's Rules," Jemwa said.
The matter is yet to be set down for hearing.
Jemwa's application came about after the Mombeshoras petitioned the court in June seeking an order declaring that they co-own a Borrowdale property with Jemwa, after he had locked them out of the disputed property.
According to the businessman, the property in dispute is Stand number 110 Quinnington Township of Subdivision K of Borrowdale Estate, commonly referred to as number 80 Quinnington Drive, Borrowdale, Harare.
In his affidavit, Mombeshora had earlier claimed that Jemwa was denying him permission to enter, use and enjoy the property despite him being a 50% shareholder of the property in question.
But Jemwa claims he bought the same property through a public auction.
"I [Jemwa] filed a notice of opposition together with opposing affidavits on June 19, 2019 as will morefully appear herein as annexure B. The respondents (the Mombeshoras) went on to file an answering affidavit on July 3, 2019 as will morefully appear herein as annexure C," Jemwa said.
The businessman further said since the filing of their answering affidavit, the Mombeshoras have not yet filed heads of argument or set the matter down for hearing.
"The respondents have clearly failed to pursue their application to date as they are obliged to at law thus to ensure the finalisation of this matter, I hereby apply for dismissal of the respondents' court application for a declaratory order under HC4685/19 for want of prosecution in terms of order 32 Rule 236 of this honourable court's Rules," Jemwa said.
The matter is yet to be set down for hearing.
Source - newsday
