News / National
Businessman loses mansion eviction, sale appeal
01 Nov 2024 at 06:35hrs | Views
Frank Humbe, a Harare businessman, has suffered a setback in his ongoing legal battle over a disputed property in Borrowdale, as the Supreme Court has dismissed his appeal against the High Court's decision to strike off his application for rescission of a default judgment. The court ruling, which comes with costs awarded to the opposing party, solidifies the previous judgment regarding the sale of a US$380,000 property.
Humbe's legal troubles date back to 2015, when he became embroiled in a contentious dispute with fellow businessman Godfrey Munyamana and his company, Sparkles Services, over the sale of a house located at 67 Hogerty Hill in Borrowdale.
In his appeal, Humbe cited a total of seven respondents, including Desmond Muchina, Munyamana, and the Registrar of Deeds, among others. He initially approached the High Court seeking to overturn a default judgment that had been obtained by Muchina against Munyamana and Sparkles Services under case number HC 11601/17. Humbe also sought an order to nullify the subsequent sale in execution by the Sheriff and the cancellation of Deed of Transfer number 2446/19, which registered the property in question to a third party.
Humbe claimed that after purchasing the house, he had taken possession without an official transfer of ownership. He asserted that he had issued summons for the property transfer while Muchina and Munyamana faced a separate legal action concerning a debt of US$352,851.30 owed to Muchina. The lack of defense in the debt case led to a default judgment against Munyamana, prompting Muchina to initiate eviction proceedings against Humbe.
Following the eviction order, the Sheriff attached and sold the property to Tonderai Matingo, who subsequently registered it under Deed Number 2446/19. In 2020, Matingo secured a summary judgment for eviction, further complicating Humbe's position.
Humbe contended that the default judgment was based on fraudulent actions by Muchina and Munyamana, arguing that he was a victim of deception. However, his application was dismissed by High Court Judge Justice Priscilla Munangati Manongwa.
In the Supreme Court, Justices Chinembiri Bhunu, Lavender Makoni, and Felistas Chitakunye reviewed the case and upheld the High Court's decision. The judges ruled that Humbe's application for rescission of judgment was to be dismissed with high costs, effectively ending his legal challenge.
The outcome of this case highlights the complexities of property disputes and the importance of defending legal actions in a timely manner to avoid default judgments.
Humbe's legal troubles date back to 2015, when he became embroiled in a contentious dispute with fellow businessman Godfrey Munyamana and his company, Sparkles Services, over the sale of a house located at 67 Hogerty Hill in Borrowdale.
In his appeal, Humbe cited a total of seven respondents, including Desmond Muchina, Munyamana, and the Registrar of Deeds, among others. He initially approached the High Court seeking to overturn a default judgment that had been obtained by Muchina against Munyamana and Sparkles Services under case number HC 11601/17. Humbe also sought an order to nullify the subsequent sale in execution by the Sheriff and the cancellation of Deed of Transfer number 2446/19, which registered the property in question to a third party.
Humbe claimed that after purchasing the house, he had taken possession without an official transfer of ownership. He asserted that he had issued summons for the property transfer while Muchina and Munyamana faced a separate legal action concerning a debt of US$352,851.30 owed to Muchina. The lack of defense in the debt case led to a default judgment against Munyamana, prompting Muchina to initiate eviction proceedings against Humbe.
Humbe contended that the default judgment was based on fraudulent actions by Muchina and Munyamana, arguing that he was a victim of deception. However, his application was dismissed by High Court Judge Justice Priscilla Munangati Manongwa.
In the Supreme Court, Justices Chinembiri Bhunu, Lavender Makoni, and Felistas Chitakunye reviewed the case and upheld the High Court's decision. The judges ruled that Humbe's application for rescission of judgment was to be dismissed with high costs, effectively ending his legal challenge.
The outcome of this case highlights the complexities of property disputes and the importance of defending legal actions in a timely manner to avoid default judgments.
Source - newsday
