ZIMBABWE Electoral Commission (Zec) commissioner Dr Qhubani Moyo is locked in a legal battle with a Bulawayo widow over the ownership of a house in Selbourne Park suburb.
Dr Moyo bought the residential stand from the late Mr Leonard Godfrey Masina and his wife, Regina, for ZW$260 000 in 2001 and developed it.
Dr Moyo, through his lawyers Shenje and Company, filed an application in terms of section 3 of the Titles Registration and Derelict Lands Act at the Bulawayo High Court citing the Estate of the late Leonard Masina, Ms Regina Masina and the Bulawayo City Council as respondents.
He is seeking an order directing Ms Masina, who is the surviving spouse of the seller of the property, to sign all papers necessary to effect cession of his rights, title and interest in the immovable property into his name or proxies within 10 days.
In the event that she fails to comply with the order, Dr Moyo wants to be granted leave for the Sheriff of the High Court to sign the papers in terms of section 3 of the Titles Registration and Derelict Lands Act.
“The first respondent (the late Mr Masina) at the time of the sale was a holder of certain rights, title and interest in the immovable property in Selbourne Park, which was at the time an undeveloped piece of land. On August 14 in 2001, the first and second respondents sold the piece of land to me in terms of a written agreement in the sum of ZW$260 000,” said Dr Moyo.
He said he developed the property in compliance with the terms in the principal agreement with the Bulawayo City Council.
Dr Moyo said the sale of the property had the full blessings of council after he had been on the housing waiting list. “I must confess that I have not had any contacts with the respondents for over 10 years, but contend that they (respondents) have an obligation to cede the property in my name for me to properly exercise my rights in the property to their fullness. I pray therefore that an order be granted to compel cession of the first respondent’s rights in the property,” he said.
Ms Masina has not yet responded to the application.