NATHAN GUMA
THE High Court sheriff has evicted prominent local businessman Tendai Mashamhanda from his US$1.5 million upmarket Highlands home after Supreme Court judges ruled that he acquired the property fraudulently while it was under judicial attachment.
A source told The NewsHawks that the eviction has been done, bringing an end to the long-running saga characterised by bitterness and fierce attacks on judges.
“The sheriff and police went to Mashamhanda’s home yesterday to evict him from the mansion,” the source said.
Lawyers Gill, Godlonton and Gerrans wrote a letter on 19 June to the High Court Sheriff Services asking for assistance to evict Mashamhanda.
The sheriff replied on 21 June, saying they will carry out the eviction on 25 June.
Mashamhanda, son of the well-known business mogul Alex Mashamhanda of Mashwede Holdings, bought the property for US$230 000 from lawyer Pihwai Chiutsi and claims to have boosted its value through renovations, increasing it to more than US$1.5 million.
However, the High Court ruled in November 2023 that the sale was fraudulent and ordered Mashamhanda to vacate the premises.
He appealed to the Supreme Court in an attempt to stay the eviction. But Justice Chinembiri Bhunu dismissed the appeal, saying the applicant was unlawfully occupying the respondent’s property.
Mashamhanda believes Bhunu and other judges are corrupt and compromised, calling for their resignations.
“The applicant has been in unlawful and mala fide occupation of the respondent’s property for close to five years in circumstances where the law is heavily weighed against him as demonstrated elsewhere in this judgment,” Bhunu said.
“I therefore hold that his prospects of success on appeal are pretty dim indeed. The equities and balance of convenience favour the respondent who in legal parlance should ordinarily be in possession and occupation of its property.
“The applicant’s conduct in unlawfully occupying the respondent’s property in bad faith, to his exclusion for a period spanning five years without its consent is manifestly unjust and unconscionable.
“Considering that the applicant has dismally failed to discharge the onus of proving that he has any reasonable excuse for clinging onto the respondent’s property without its consent, the application cannot succeed as his prospects of success on appeal are bound to fail.
“Thus dismissal of the application will meet the justice of the case without turning it on its head.
“In the final analysis, I hold that the applicant has failed to meet the requirements of the test for stay of execution set out in the Cohen case and other related precedent supra.”
Mashamhanda has written several letters demanding the resignation of Deputy Chief Justice Elizabeth Gwaunza and Supreme Court judges Antonia Guvava and Bhunu, raising corruption allegations and claiming violations of the Judicial Service (Code of Ethics) Regulations, 2012.
The case has hogged public attention due to the substantial value of the property and the ongoing legal battle, as well as allegations against the judges.
