Online Reporter
Yeukai Karengezeka-Court Correspondent
The trial of two brothers-in-law, embroiled in a $29 million property dispute, continued on Friday with a key witness taking the stand.
Thomas Masango is accusing his brother-in-law, Tendai Jemwa, of unlawfully removing him from a jointly owned property in Spitzkop, Snake Park, Harare.
The property, acquired in 2007, has sparked a bitter feud between the two, who are married to sisters.
Prosecutor Mr Ephraim Zinyandu led evidence from Mr Charles Zinto (68), the original seller of the disputed property.
“I remember in 2007, Tendai Jemwa and Thomas Masango visited me at my former plot at 58 Spitzkop Road, Merwed Township, expressing interest in purchasing the stand I had put up for sale,” Mr Zinto testified.
He detailed how the transaction unfolded.
“I entered into an agreement of sale, which was drafted and overseen by a lawyer named Mandikumba. The selling price was Z$58 million at the time,” Mr Zinto said.
He explained that the initial payment consisted of a Toyota Camry (registration AAV 7388) valued at Z$20 million, an additional Z$20 million in cash, leaving a balance of Z$18 million.
According to Mr Zinto, the property was bought under the name Ten Jem Properties, a company tied to both Masango and Jemwa.
The seller handed over the registration deeds, which were still in the name of Mr Jeremiah Chamba, to the two buyers.
They had agreed to first transfer ownership to Mr Zinto before registering the property under Ten Jem Consultancy Pvt Ltd.
However, Mr Zinto said complications later arose.
“Since the agreed payment was never completed, I approached the courts to cancel the contract, but the ruling favoured the purchasers.
“To my surprise, I discovered the property had been transferred into Ten Jem Consultancy Pvt Ltd without my involvement. I was eventually evicted from the property by a Messenger of Court armed with a court order.”
The State alleges that Masango and Jemwa initially acquired the property together as part of a verbal business partnership.
Masango claims that they agreed he would hold a 50 percent share in Ten Jem Consultancy Pvt Ltd, the company set up to manage the property.
However, in 2012, Jemwa is alleged to have defrauded Masango by secretly collecting the transfer documents from their lawyer without Masango’s knowledge or consent.
Jemwa reportedly completed the property transfer to Ten Jem Consultancy Pvt Ltd and failed to ratify Masango’s agreed 50 percent shareholding.
The case continues on September 11.
