Ms Prisca Banda accuses her mother Mrs Jennifer Banda of betraying the trust she bestowed on her when she asked her to “temporarily” transfer the property into her name while she was still sorting her British immigration documents.
Prisca, through her lawyers Vundhla-Phulu and Partners, filed summons at the Bulawayo High Court citing Mrs Banda and the Registrar of Deeds, as defendants.
Prisca said sometime in 2002 she sent her mother 10 000 pounds from the UK to purchase a house in Suburbs on the understanding that Mrs Banda would use her name to sign all the documents for the sale and transfer of the property.
Prisca said at the time of buying the house, she could not travel home as she was yet to regularise her immigration documents.
“The first defendant (Mrs Jenifer Banda) in consultation with me identified a property for purchase and I sent her 10 000 pounds so that she could buy the property in Suburbs, Bulawayo. At that time I could not travel to Zimbabwe because I had not yet obtained my documents to enable me to travel.
“The parties agreed that the first defendant would sign all the documents for the sale and transfer of the property and hold it in trust on my behalf until I had regularised my stay in the UK,” she said.
Prisca said as per agreement, her mother took transfer and occupation of the house.
She said soon after regularising her stay, she then demanded that her mother transfer the house into her name in terms of the agreement, but the woman refused to comply. “The first defendant refused to transfer the immovable property into my name and she is now claiming ownership of the property,” Prisca said.
The plaintiff is seeking an order directing Mrs Banda to transfer the house into her name and pay the legal costs.
“Wherefore I pray for an order declaring me to be the sole owner of the property and directing the first defendant to transfer it into my name within five days of granting of the order. In the event that the first defendant fails to comply, the Sheriff of the High Court should be authorised to sign the documents,” said Prisca in her summons.
