Online Reporter
Yeukai Karengezeka-Court Correspondent
THE trial involving two brothers-in-law, embroiled in a $29 million property dispute, continued on Friday with a lawyer taking the stand to testify in the case.
Thomas Masango is accusing his brother-in-law, Tendai Jemwa of unlawfully excluding him from a property they jointly purchased in 2007.
The property in question, located in Spitzkop, Snake Park, Harare, has become the focal point of a bitter legal battle between the two men, who are married to sisters.
Prosecutor Mr Ephraim Zinyandu led evidence from lawyer Jingini Raphael Tsivama, a partner at Sawyer and Mkushi Legal Practitioners.
In his testimony, Mr Tsivama revealed that he had previously represented both Masango and Jemwa in their business dealings.
Mr Tsivama testified that the two men had engaged his firm in June 2007 to oppose an application filed under case number HC 2897/07.
The application had been brought by one Charles Zinto, who sought to cancel a sales agreement involving a property known as Stand 58, Merwede Township 6 of Lot 6 of Spitzkop.
“Their instructions were clear,” Mr Tsivama said. “They had purchased Stand 58 for $58 million, with Mr Jemwa contributing $20 million in cash and Mr Masango contributing a Toyota Camry vehicle valued at $20 million. By March 2007, they had paid the full balance, including transfer fees, to the conveyancer, a Mr Mandikumba.”
Mr Tsivama further explained that he had advised the two to oppose Zinto’s application and file a counter-application compelling the transfer of the property, as they had fulfilled their obligations under the agreement.
He also recommended obtaining an affidavit from the conveyancer, which confirmed the steps taken to facilitate the transfer of Stand 58 from its original owner, the late Mr Chamba, to Zinto and subsequently to Tenjem Consultants (Pvt) Ltd—the company set up by Masango and Jemwa to manage the property.
“We eventually obtained a court order compelling Zinto to transfer Stand 58 to Tenjem Consultants,” Mr Tsivama said.
“However, the order could not be enforced because Zinto himself had not taken transfer from the previous owner, Mr Jeremiah Chamba, who was deceased.”
Mr Tsivama advised the two men to investigate the status of Mr Chamba’s estate to facilitate the initial transfer of ownership.
He added that Jemwa later collected the legal file related to Stand 58, and he had no further involvement in the matter.
The trial, presided over by regional magistrate Mr Francis Mapfumo, will resume on September 17.
