News / National
Woman sells house, refuses to vacate
12 Jun 2024 at 01:48hrs | Views
A woman from Harare's Kuwadzana high-density suburb has been sentenced to six months in jail for contempt of court after she refused to vacate a house she sold.
Judith Musamadiya sold her house to Memory Madzimbamuto for US$17,000 in January 2022. The agreement of sale was entered into in the same month, with Madzimbamuto making a down payment of US$15,400. However, Musamadiya became evasive and declined to accept the balance of US$1,600.
Feeling aggrieved, Madzimbamuto sought court intervention to enforce the sale agreement. Justice Priscilla Chigumba granted an order directing Musamadiya to sign transfer papers and collect the balance from Madzimbamuto's lawyers, Charamba & Partners. Subsequently, Madzimbamuto changed ownership of the property to her name.
Following this, Madzimbamuto obtained eviction summons against Musamadiya on March 24, 2022, which were served by the Deputy Sheriff on March 31, 2022. Despite being issued a default judgment for eviction on January 20, 2023, Musamadiya remained in the property.
Even after the Sheriff successfully evicted Musamadiya on March 10, 2023, she forcibly reoccupied the house on the same day. Madzimbamuto reported her to the police, leading to legal proceedings.
In court, Musamadiya claimed ignorance of the court orders and accused Madzimbamuto of breaching the contract. However, Justice Maxwell Takuva ruled against her, stating that it was improbable for the Sheriff to misrepresent facts.
Consequently, Musamadiya was sentenced to a six-month jail term, suspended on the condition of good behavior.
Judith Musamadiya sold her house to Memory Madzimbamuto for US$17,000 in January 2022. The agreement of sale was entered into in the same month, with Madzimbamuto making a down payment of US$15,400. However, Musamadiya became evasive and declined to accept the balance of US$1,600.
Feeling aggrieved, Madzimbamuto sought court intervention to enforce the sale agreement. Justice Priscilla Chigumba granted an order directing Musamadiya to sign transfer papers and collect the balance from Madzimbamuto's lawyers, Charamba & Partners. Subsequently, Madzimbamuto changed ownership of the property to her name.
Following this, Madzimbamuto obtained eviction summons against Musamadiya on March 24, 2022, which were served by the Deputy Sheriff on March 31, 2022. Despite being issued a default judgment for eviction on January 20, 2023, Musamadiya remained in the property.
Even after the Sheriff successfully evicted Musamadiya on March 10, 2023, she forcibly reoccupied the house on the same day. Madzimbamuto reported her to the police, leading to legal proceedings.
In court, Musamadiya claimed ignorance of the court orders and accused Madzimbamuto of breaching the contract. However, Justice Maxwell Takuva ruled against her, stating that it was improbable for the Sheriff to misrepresent facts.
Consequently, Musamadiya was sentenced to a six-month jail term, suspended on the condition of good behavior.
Source - newsday
