According to court papers, Mangwana and his wife Pauline bought stand number 2157 Glen Lorne Township 30 of Lot 30 of Glen Lorne held under deed of transfer number 2280/2016 following a private treaty sale that was conducted by the Sheriff and paid US$260 000.
“The fourth respondent’s (sheriff) decision to declare first and second respondents (Munyaradzi and Pauline Mangwana) as purchasers and subsequent confirmation of the sale for stand number 2157 Glen Lorne Township 30 of Lot 30 of Glen Lorne is hereby set aside,” Justice Phiri ruled before cancelling the deed of transfer.
Prior to the sale, the house belonged to David and Kumbula Chiweza whose company, Watson Investments (Pvt) Ltd, had loan issues with CBZ Bank Limited amounting to US$207 203. However, when the bank took the Chiwezas to court, judgment was entered against the couple leading to the property being surrendered to the Sheriff for sale.
However, when the sheriff conducted the sale, Chiweza and his wife were not informed that their house was being put under the hammer and the couple did not have the chance to lodge an objection to it. It was only after the house had been sold that the couple became aware of what had transpired.
“The fourth respondent once again purported to notify and serve the applicants (David and Kumbula Chiweza) through Watson Investments to another different non-existent address being 13 Bargate Close Glen Lorne, Harare. Consequently, the applicants were never made aware of all these developments and they remained in the dark and helpless as events unfolded,” the Chiweza couple said.
“Also, of importance is that the property was sold by private treaty and not by way of forced public auction and the reason was for it to fetch a higher price… according to third respondent (CBZ Bank) valuation, the market value of the property was pegged at US$470 000 and forced sale value was US$307 000. In light of these valuation reports, the price of US$260 000 which was the price confirmed by the fourth respondent is not nearer to any of the above figures of actual valuations.”
The Chiwezas said it was clear there was a glaring irregularity in the way the sale was conducted.