Row over Borrowdale property spills into court

HARARE - Harare businessman Bernard Mutanga has been dragged to court for refusing to facilitate the transfer of a Borrowdale property he sold a decade ago.

Mutanga, who is cited together with the registrar of deeds, was taken to the High Court by Celestino Chenjerai Kanyekanye over the August 2007 deal.

According to court papers, Kanyekanye bought the property from Mutanga as a vacant and undeveloped stand, and paid in full.

“After full payment was made, the first respondent (Mutanga) gave possession to applicant who proceeded to develop the property by erecting a residential home. First respondent has obtained a certificate of registered title in his name under 4084/2012, however, same has not been released to applicant together with transfer documents since 2012.

“First respondent has delayed and or neglected and or refused to sign papers and surrender the certificate of registered title to allow the transfer of the property to the applicants on the basis that he owes conveyancing fees to his legal practitioners for the transfer of the property from a Mr and Mrs Wyne to his name and the subsequent sub-division of the property,” Kanyekanye said.

He said that the issues being raised by Mutanga were never part of the agreement of sale.

Kanyekanye is now seeking an order demanding Mutanga to sign all transfer papers for the property, which is cited as stand number 693 Quinington Township of Lot 13 of EA Quinington.

On April 19, 2017, Kanyekanye’s lawyers wrote a letter to the High Court registrar, claiming that some of their client’s court papers had been plucked off the record under unclear circumstances, when they set down the matter for hearing on the unopposed roll. 

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