Danisa Masuku, [email protected]
A KWEKWE woman who claimed she bought a house by feeding dogs, paying a NetOne bill, looking after a mentally challenged grandfather and even paying for the seller’s airport trip has been evicted after a 17-year ownership battle.
Mercy Muzondiwa had been occupying No. 2B Flamboyant Avenue in the leafy Msasa Park suburb since 2003 without paying rent, insisting that she had bought the property from Gary Craig Gertenbach, son of the late Irene Helen Gertenbach.
But her unusual payment arrangement failed to convince the Bulawayo High Court after she could not produce an agreement of sale, state the purchase price or provide proof of payment.
Muzondiwa told the court that there was no fixed purchase price for the house.
Instead, she claimed she paid for it through a series of obligations that included feeding dogs, paying a NetOne bill, paying for the rectification of Gary’s sister’s documents, buying a house for Gary’s mother’s employee, looking after Gary’s mentally challenged grandfather and paying for Gary’s flight to the airport en route to the United Kingdom.
When asked to produce proof of the alleged payments, Muzondiwa had none.
She told the court that she had left the receipts at home because she anticipated that the matter would be postponed.
Justice Evangelista Kabasa rejected her version of events, finding that she had failed to prove that she had bought the property.
“She dismally failed. She could not state the purchase price, had no written Agreement of Sale and had no proof of payment,” Justice Kabasa said, adding that even a person who buys ice cream knows what they paid.
The court heard that Muzondiwa’s alleged purchase took place in December 2003, just a month after Gertenbach’s death and before her estate had been registered or an executor appointed.
The same property was later legally sold to Norris Trust, an investment vehicle founded by Thomas Norris in 2003.
Norris Trust bought the house from the duly appointed executor, Byron Venturas, through a formal Agreement of Sale signed on 17 June 2008.
The transaction was supported by Letters of Administration and a Section 120 authority from the
Master of the High Court dated 20 August 2008.
It culminated in Deed of Transfer No. 2106/2008 in favour of Norris Trust.
Fed up with Muzondiwa’s continued occupation, Norris Trust approached the court in July 2009 seeking her eviction, US$300 per month in holding-over damages and costs.
Muzondiwa fought back, claiming that the Trust’s title deed was forged and that she was the rightful owner.
She filed a separate claim under HC 2256/19, but it was dismissed on the grounds of prescription.
The case then dragged on for years, with postponements, changes in legal representation and reallocation to different judges.
The record shows hearing dates of 7 July 2025, 12 November 2025, 20 January, 11 May, 18 May and 11 June 2026.
Justice Kabasa noted that the delay was unfortunate and had been occasioned by Muzondiwa herself.
At trial, Norris produced documents tracing the Trust’s purchase of the property, while Muzondiwa was the sole witness in her defence.
The court held that Norris Trust had proved ownership through a valid Deed of Transfer.
Muzondiwa’s allegation that the title deed was forged was found to be a bare and unsubstantiated claim.
The court also found that Gary could not have legally sold the property because he had no authority to act on behalf of the estate and was not its executor.
Justice Kabasa further held that Muzondiwa had failed to establish the requirements of a valid sale of immovable property.
The judge found that the requirements for rei vindicatio — the legal right of an owner to recover property from anyone possessing it without consent — had therefore been met.
Muzondiwa and all those claiming occupation through her were consequently ordered to vacate No. 2B Flamboyant Avenue.
She was also ordered to pay costs on the punitive attorney-and-client scale after the court found that she had deprived Norris Trust of the use of its property for almost 17 years without paying rent,
while the Trust continued paying utility bills.
Norris Trust was represented by Givemore Madzoka and Tafadzwa Madotsa of Madotsa and Partners, while Muzondiwa was represented by Innocent Nderere.
“She dismally failed. She could not state the purchase price, had no written Agreement of Sale and had no proof of payment,”
