Harare Businessman Loses Legal Battle Over US$1.5M Home Acquisition
Tendai Mashamhanda, a prominent businessman in Harare, has failed in his attempt to retain ownership of his upscale home valued at US$1.5 million, as the Supreme Court judges have determined that he acquired the property through fraudulent means while it was under judicial attachment.
The ruling comes after the High Court ordered Mashamhanda’s eviction in December of last year, citing evidence that the house was obtained through fraudulent processes.
Mashamhanda, the son of renowned business magnate Alex Mashamhanda of Mashwede Holdings, purchased the property located in Highlands for US$230,000 from Harare lawyer Pihwai Chiutsi.
However, investigations revealed that the house was unlawfully sold to Mashamhanda while it was under judicial attachment, with the transaction taking place in September 2017.
Mashamhanda acquired ownership of the property on May 5, 2022, and has been living there since 2020.
Facing eviction, Mashamhanda appealed to the Supreme Court, citing substantial investments totaling US$1,500,000 that he had made in the property over a five-year period.
The business tycoon resisted eviction by asserting a right to compensation for the improvements he had made on the property.
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He argued that according to section 74 of the constitution, he could not be evicted from his home “without a court order considering all relevant circumstances.”
“Firstly, I challenge the right of eviction without paying me for the huge improvements I effected to the property.
“I believe that I have an improvement lien which gives me the right to remain in occupation until the respondent has compensated me for the improvements,” he said in his appeal.
According to reports, Mashamanda has leveled accusations against multiple judges, alleging corrupt influence in his case. He has filed numerous complaints with both the Judiciary Services Commission and the Ministry of Justice.
Furthermore, the businessman is calling for the resignation of specific judges, including Chief Justice Luke Malaba, whom he accuses of engaging in corrupt practices.