Woman demands house back from ex-deputy minister

Yeukai Karengezeka Court Correspondent
The legal battle between a Harare woman Sarudzayi Nhundu and former Deputy Minister of Industry and International Trade Phineas Chiota has escalated, with Nhundu seeking cancellation of the agreement of sale of the north Highlands property because the agreed price was paid 17 months late during the era of hyperinflation.

Nhundu, who wants to reoccupy 78 Ridgeway North, has approached the High Court also seeking reversal of the title deeds which are now in Chiota’s name. She argues that Chiota breached the conditions of the agreement of sale through a late payment.

Nhundu, who is now destitute is also suffering from a brain tumour, pleaded with the court to deal with her case diligently.

“Plaintiff is a widow, who had a brain tumor and suffered from blood pressure and sugar diabetes. She is now using clutches to walk after her leg was broken and she will need to undergo an operation, is not gainfully employed and during the time of her blessing, she only managed to purchase the said property and now if it is taken solely because of an agreement of sale, she has been greatly prejudiced and she will live as a destitute because she did not benefit anything from the property that was snatched from her because of court orders and an agreement of sale that was not satisfied,” read the court papers.

In January 2006, Nhundu decided to sell her property to Chiota at an agreed price of Z$28 billion.

Chiota only started paying 17 months later but had changed the title deeds into his name using the initial agreement of sale which he used to evict her from the same property .

The agreement of sale, argues Nhundu, allowed her to cancel the sale if Chiota did not fulfil the conditions of payment and she did in fact write to his financiers notifying them that she had done so.

But he approached the courts and that cancellation of the sale was set aside by a High Court judgment.

Chiota then registered the property in his name through the agreement of sale on 5 June 2007, read her court papers.

Chiota only attempted to pay a part of the purchase price on 22 June 2007, 17 months after he had misrepresented to the court that he had paid and Nhundu reversed the transaction.