High Court reserves judgment in US$640 000 property dispute involving Welshman Ncube

THE Bulawayo High Court has reserved judgment in a matter in which Citizens’ Coalition for Change (CCC) leader, Professor Welshman Ncube, is being sued over the alleged non-remittance of proceeds from the sale of three properties valued at US$640 000.

Justice Bongani Ndlovu yesterday heard arguments in an urgent chamber application filed by the administrators of William Trust, who are seeking to stop the transfer of the properties to the respective purchasers.

Prof Ncube’s law firm, Mathonsi Ncube Law Chambers, was appointed as conveyancers to facilitate the transfer of the properties.

According to court documents, two of the properties were sold to the Seventh-Day Adventist (SDA) Association of Southern Africa, while the third was sold to Estrier (Private) Limited, a company owned by CCC interim secretary-general, Mr Sengezo Tshabangu.

The first property, Lot 1 of 11A of Matsheumhlope measuring 5,323 square metres, was sold for US$260,000 to Estrier (Private) Limited.

The second property, 136 Marimba Road, Matsheumhlope, was sold to the SDA Association of Southern Africa for US$250,000.

The third property, being the remainder of Lot 3 of Lot 11A measuring 8,670 square metres, was also sold to the SDA Association of Southern Africa for US$140,000.

In their court papers, the trustees of William Trust, represented by trustee, Mr Reginald Dawson, allege that the full purchase price paid to Mathonsi Ncube Law Chambers was not remitted to the Trust.

“Professor Ncube was appointed the conveyancer and he breached the contract. We did not receive the proceeds from the sale of the three properties. No money was remitted to us and we therefore demand our money,” the trustees submitted.

They argue that the failure to remit the full proceeds constitutes a breach of the sale agreements and have sought an interdict to stop the transfer of the properties.

However, Advocate Lucas Nkomo, representing the SDA Association of Southern Africa, told the court that his client had paid the full purchase price in accordance with the agreements of sale.

“The SDA Association of Southern Africa paid the full purchase price into the bank account of the appointed conveyancer and that of Mr Dawson. We followed the terms of the agreement of sale. The seller has to deal with the conveyancer. We are an innocent purchaser,” argued Adv Nkomo.

Prof Ncube, through his lawyer Mr Zibusiso Ncube, opposed the application, arguing that it was irregular and lacked a proper cause of action.

“The applicant is being dishonest. One does not require a court order to cancel an agreement. The court does not supervise agreements between parties. Notably, the applicant does not even specify the amount it claims is outstanding and acknowledges that it received money from the third respondent,” he submitted.

Professor Ncube asked the court to dismiss the application with costs.

Justice Ndlovu reserved judgment and indicated that the ruling would be delivered at a later date.