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British tycoon loses posh house in Harare
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British tycoon Nicholas van Hoogstraten has lost a High Court bid to compel the transfer of a Harare property, Stand No 4 Wroxham Road, The Grange, to his name.
Van Hoogstraten had filed an application citing Felistas Runyararo James, the Sheriff, and the Registrar of Deeds as respondents, seeking an order to eject James and transfer ownership of the property to him.
The property was originally sold in execution in 2005 to satisfy a judgment debt, with van Hoogstraten emerging as the highest bidder. The sale was confirmed by the Sheriff, giving him vested rights to the property.
However, James contested the application, arguing that van Hoogstraten's 2009 civil action had lapsed due to unexplained delays of 14 to 16 years and non-compliance with Practice Direction 1 of 2022, which deems civil actions dormant for two years or more as abandoned.
Justice Joel Mambara ruled in favour of James, noting that van Hoogstraten failed to show good cause for condonation or reinstatement of the summons.
"While he asserts a morally and legally sympathetic claim, the delay is egregious and only partially explained, and the prospects of success in obtaining meaningful relief are weak because the case is largely moot and fraught with procedural and substantive hurdles," Justice Mambara said.
Court records show that James had transferred the property to a third party, the Richard Samaita Family Trust, in 2013, and had vacated the premises, acknowledging that she no longer had any interest. Van Hoogstraten did not challenge this transfer at the time.
The judge emphasised that even a meritorious claim must eventually yield to the principle of legal certainty and finality.
"There comes a point when even a meritorious claim must yield to the greater good of certainty and finality. That point, in this court's view, has long passed in this case."
Van Hoogstraten's application for condonation, extension of time, and reinstatement of summons was dismissed with costs.
Van Hoogstraten had filed an application citing Felistas Runyararo James, the Sheriff, and the Registrar of Deeds as respondents, seeking an order to eject James and transfer ownership of the property to him.
The property was originally sold in execution in 2005 to satisfy a judgment debt, with van Hoogstraten emerging as the highest bidder. The sale was confirmed by the Sheriff, giving him vested rights to the property.
However, James contested the application, arguing that van Hoogstraten's 2009 civil action had lapsed due to unexplained delays of 14 to 16 years and non-compliance with Practice Direction 1 of 2022, which deems civil actions dormant for two years or more as abandoned.
Justice Joel Mambara ruled in favour of James, noting that van Hoogstraten failed to show good cause for condonation or reinstatement of the summons.
"While he asserts a morally and legally sympathetic claim, the delay is egregious and only partially explained, and the prospects of success in obtaining meaningful relief are weak because the case is largely moot and fraught with procedural and substantive hurdles," Justice Mambara said.
Court records show that James had transferred the property to a third party, the Richard Samaita Family Trust, in 2013, and had vacated the premises, acknowledging that she no longer had any interest. Van Hoogstraten did not challenge this transfer at the time.
The judge emphasised that even a meritorious claim must eventually yield to the principle of legal certainty and finality.
"There comes a point when even a meritorious claim must yield to the greater good of certainty and finality. That point, in this court's view, has long passed in this case."
Van Hoogstraten's application for condonation, extension of time, and reinstatement of summons was dismissed with costs.
Source - Newsday
