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Mr Lloyd Mudimu of Norton lost his Bluff Hill house after Justice Charles Hungwe reportedly unprocedurally granted a notice of withdrawal in a house wrangle pitting him against Old Mutual chief executive Jonas Mushosho.
A Harare lawyer Mr Tapiwa Mudambanuki reportedly used dodgy documents to win the case for Mr Mudimu’s eviction. In July, 2012 Mr Mudimu wrote to LSZ complaining about Mr Mudambanuki’s conduct but got no response.
Mr Mudimu said he was shocked that the LSZ was quick to defend the presiding judge Justice Hungwe when his case was reported in the media on Tuesday.
“The Law Society of Zimbabwe despite writing to them complaining of the conduct of this lawyer (Mr Mudambanuki) up to now they have not said anything, or even taken action against the lawyer. But look at what they have done . . . in a few days time they have come up in defence of Justice (Charles) Hungwe,” said Mr Mudimu. The LSZ on Tuesday expressed concern at what they claimed was deliberate targeting of High Court Judge Justice Hungwe who has been in the spotlight over what legal experts equated to criminal negligence.
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However, LSZ president, Mr Lloyd Mhishi said their organisation was disturbed by the “onslaught” on Justice Hungwe. Mr Mhishi said the exposure of Justice Hungwe did not fall within the permitted scope. Mr Mudimu wrote to the LSZ in July arguing that he bought a stand in Buff Hill Number 2819 from Mr Mushosho in 2006 through Dinha, Bonongwe and Partners and built a house on the land.
About 10 months later, Mr Mudimu claims Mr Mushosho came back saying he never sold the stand and Mr Mudambanuki reportedly wrote a letter on April 12th 2007 to that effect, advising him to vacate the house. He reported the matter to Malbereign police and also engaged a Harare firm to deal with the matter and the case went through the magistrate courts and the High Court. Mr Mudimu said he told the LSZ that he got an order (case No. HC 3508/80) for the change of the deed of transfer, which was also done on the December 18, 2009 when he got money for the conveyance.
“Surprisingly in September 2010 I got an order stamped by the High Court stamp 26th of February 2010 relating to so many cases I never knew about and an attached forged notice of withdrawal but also referring to the 8th of April as the date of set down. He evicted me from the property in October 2010 and Mushosho has been staying since then getting money from the rentals of my house.
My biggest complaint is that Mr Mudambanuki brought a notice of withdrawal, without any date, purported to have come from Mr Pasipanodya on my instructions, without my affidavit, without a stamp and him not having been served and stamped it. This, he used to get an eviction order after misrepresenting to the learned Justice Hungwe that I had withdrawn the case using that dodgy withdrawal,” reads Mr Mudimu’s letter to LSZ.
Said Mr Mudimu; “I, being an honest citizen trying to earn a normal living, living and legal representation, I have no option but to approach your high office for remedial solution to my problem with one of your members (Tapiwa Mudambanuki).”
Online Reporter