Magistrate to testify

HARARE magistrate Priscilla Chigumba has been ordered to appear in the High Court to testify in a matter in which a businessman is challenging the ownership of a property in Harare’s Central Business District.
High Court Judge Tedious Karwi delivered the order last week after Harare businessman, Gift Mzilikazi approached the High Court seeking review of proceedings at the magistrate courts in April last year in which Ms Chigumba ordered his eviction from Fedora House.
The businessman is embroiled in a legal wrangle with estate agent, Fox and Carney and Bayness Investments over the ownership of the building.
Justice Karwi also ordered that Mr Mzilikazi and his lawyers Patrick Nyeperai and Advocate Thabani Mpofu and Mr Beloved Dhlakama who represented Bayness Investments testify on what transpired. Adv Mpofu has since recused himself from representing Mr Mzilikazi and has been replaced by advocate Lewis Uriri. Last week Adv Uriri confirmed that the five had been directed to testify in court.
“The judge directed that the five witnesses come to testify on what happened in the magistrate court on April 15 (2010) and thereafter proceed with the application,” he said.
In his appeal to the High Court last year Mr Mzilikazi accused Ms Chigumba of threatening Adv Mpofu resulting in him retiring from the matter.
“The learned magistrate grossly misdirected herself by threatening appellant’s counsel during proceedings thereby forcing him to retire from the case,” he said.
He also said the magistrate had shown bias during proceedings. He alleges that the estate agent sold the building to Bayness Investments without giving him the opportunity to exercise the right of first refusal as previously agreed.
Mr Mzilikazi then approached the High Court seeking an order to nullify the deal and cited Fox and Carney and Bayness Investments as respondents in case.
However, while the appeal was still pending at the High Court Bayness Investments sought an eviction order at the magistrates’ court, which Ms Chigumba granted. – CR.