Businessman challenges High Court ruling after losing US$380k home

Harare businessman Frank Humbe has taken his fight for justice to the Supreme Court, appealing a High Court ruling that dismissed his application for rescission of a default judgment against suspected fraudster Desmond Muchina. This judgment facilitated the unlawful sale of Humbe's US$380,000 property in Borrowdale, a suburb in Harare.

In his appeal, Humbe has cited Muchina, who was convicted of fraud related to the forgery that led to the attachment of the property, as well as former MDC member Godfrey Munyamana and his wife, Fadzai, as respondents. Additional parties in the case include their company, Sparkles Service Private Limited, the Sheriff of the High Court, the Registrar of Deeds, and Tonderai Matingo, the individual who purchased the contested property.

Court documents reveal that Humbe initially sought rescission of a default judgment obtained by Muchina against Munyamana and Sparkles Services under case number HC 11601/17. He aimed to have this judgment overturned and to set aside the sale in execution conducted by the Sheriff, which stemmed from the same default judgment. Furthermore, Humbe sought the cancellation of Deed of Transfer number 2446/19 for the property located at 67 Hogerty Hill in Borrowdale Estate, measuring 4,603 square meters.

The saga began when Humbe entered into an agreement with Munyamana and Sparkles Services for the sale of the property, paying the full amount and taking occupation despite no formal transfer taking place. While Humbe's case was pending in court, Muchina and Munyamana were involved in a separate legal dispute over a debt, resulting in a default judgment against Munyamana. Muchina then initiated a writ of ejectment against Humbe, leading to the Sheriff attaching and subsequently selling the property to Matingo.

In 2020, Matingo obtained an eviction order through a summary judgment under Case Number 3083/22, prompting Humbe to enter into a deed of settlement with Matingo to vacate the property.

Humbe alleges that Muchina and Munyamana colluded to create a false narrative regarding Munyamana's debts, a scheme that was later uncovered by police investigations, leading to Muchina's arrest and conviction. He contends that the actions taken by the Sheriff were based on a fraudulent judgment and insists that he did not seek rescission sooner due to his late discovery of the fraud, confirmed on March 1, 2023.

Despite his claims, High Court Judge Justice Priscilla Munangati Manongwa ruled against Humbe, stating that he was not a party to the proceedings that led to the default judgment and that the absence of express authority from Munyamana's wife to represent Sparkles Services was not critical. The judge upheld the respondents' argument that Humbe was abusing court processes and that he lacked the legal standing to contest the default judgment.

In his appeal, Humbe argues that the judge erred by disregarding evidence of the fraud and that judgments obtained through fraudulent means cannot stand. He asserts that the High Court failed to recognize his right to seek rescission, claiming that the sale agreement was never canceled.

As the appeal is pending, Humbe continues to seek a resolution that would restore his rights to the property he believes was wrongfully taken from him due to fraudulent actions. The case highlights significant issues surrounding property rights, judicial processes, and the impact of fraud on legal proceedings in Zimbabwe.