High Court nullifies US$140,000 property sale in divorce dispute

A property deal worth US$140,000 has become the centre of a failed divorce-related battle after the High Court ruled that the agreement was based on a forged document.

The dispute involved Stand 81 Gletwyn Township, which Craftcall Investments (Pvt) Ltd claimed it bought in 2013 from Diana Mutsa Mapondera's former husband, Lawrence Masanga. Craftcall said it paid the full purchase price, including amounts wired directly to Masanga.

However, Justice Tawanda Chitapi dismissed the claim, declaring the purported sale a legal nullity. "The power of attorney which purported to support the authority to sell was discredited and in fact forged… Thus, the written agreement is null and void," he ruled.

Mapondera denied ever authorising the sale or receiving the money, though emails she sent in 2014 revealed her awareness of the transaction. In one exchange, she instructed her lawyers: "Please advise the buyers to pay the balance of this property as arranged or alternatively I will seek legal advice to withdraw the sale."

Despite this, the judge concluded that Craftcall had failed to establish its case. "There are a lot of untied loose ends which are unclear… The application fails," he said, dismissing the company's bid with costs.

Justice Chitapi also criticised lawyers who accused fellow judge Justice Webster Chinamora of misconduct after he mistakenly granted judgment in 2024 before a hearing. "Such accusations… may understandably be made by a layman but not a legal practitioner," he said, warning against scandalising the judiciary.

In addition, the court ordered the Registrar to refer the notary who authenticated the disputed power of attorney to the Law Society of Zimbabwe (LSZ) for investigation.