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Crime Reporter
Police have searched premises of a local auction company, CMP Auctions, looking for relevant documents which prove that Bariadie Investments was the highest bidder for the Highlands house that was bought by businessman Mr Tendai Mashamhanda in 2019.
The search was conducted last Thursday.
The developments come after Bariadie Investments, which is still trying to gain ownership of the Highlands property despite having lost in the High Court, recently attacked the judge who heard the case in a complaint to the Judicial Service Commission.
Justice Tawanda Chitapi found that Mr Mashamhanda was the legal owner of the 4 377 square metre property worth over US$230 000 after buying it in 2019 through an auction. It had been attached from Harare lawyer Mr Puwayi Chiutsi following a wrangle with his former client Mr Elliot Rodgers over US$70 000 trust money.
Justice Chitapi accepted that Mr Mashamhanda bought it through an estate agent and took all the necessary precautions to ensure the title was unencumbered and secure.
Bariadie has made applications through the High Court on several occasions, saying it bought the same property in a 2017 auction through the Sheriff of the High Court and asserts that the Sheriff of Zimbabwe once instructed lawyer Mr Tendai Biti to process the transfer of the property into Bariadie Investments’ name.
The company has also approached the Supreme Court over the same matter to appeal against the High Court judgment.
Armed with a search warrant last Thursday, police went to CMP Auctions in Harare looking for documents that prove Bariadie Investments were the highest bidder during the auction.
Police officers from Harare Central could not find such documents.
They even questioned the officials at the auction about the matter, as investigations into the matter continue. There were also suspicions that the company never attended any auction regarding the Highlands property.
Contacted for comment, Harare provincial police spokesperson Inspector Tendai Mwanza said: “If it’s (the matter) under investigation then I can’t give you any information for fear of jeopardising investigations.”
In 2019, the High Court dismissed with costs, an application by Bariadie Investments (Pvt) Ltd, to have a deed of transfer for the Highlands property cancelled.
Bariadie Investments had wanted the property to be transferred by the Registrar of Deeds into its name, arguing it had already been sold to them.
In his ruling, Justice Chitapi dismissed the application, saying it had no legal merit.
Mr Mashamhanda, in a lengthy opposing affidavit, had chronicled how he came to buy the property in question. He had not connived with Mr Chiutsi to buy the property, he said.
Instead, he bought it through an estate agent and paid transfer fees and registration costs and all taxes such as capital gains tax.
Before purchasing the property and taking transfer, Mr Mashamhanda is said to have investigated whether or not there were any encumbrances and found none.
Online Reporter