Mnangagwa seeks deed of transfer cancellation

PRESIDENT Emmerson Mnangagwa has approached the High Court seeking cancellation of a deed of transfer, which had allegedly taken away his rights and ownership to a Borrowdale property.

BY CHARLES LAITON

Through his representative, Melody Chaibva, who is the government’s agent in the Local Government, Public Works and National Housing ministry, Mnangagwa urged the court to cancel deed of transfer number 360/2009 dated January 20, 2009 so as to enable the title to revert back to him.

In the chamber application filed on Thursday this week, the President of Zimbabwe is cited as the applicant, while Arosume Property Development (Pvt) Ltd and the Registrar of Deeds are cited as respondents respectively.

“I am the agent of the Government of Zimbabwe in the Local Government, Public Works and National Housing ministry. This is an application for cancellation of deed of transfer number 360/2009 dated January 20, 2009,” Chaibva said.

“The applicant (President of Zimbabwe) is the registered owner of a piece of land described in the relevant title deed as certain piece of land situate in the District of Salisbury, being the remaining extent of Carrick Creagh of section 4 of Borrowdale Estate, under deed of transfer number 1126/87 dated February 27, 1987.”

In her chronological order of events, Chaibva said sometime in 2007, Mnangagwa and Arosume Property Development (Pvt) Ltd entered into a development contract in terms of which the land developer would develop the area by provision of roads and water for residential purposes.

Chaibva further said in lieu of development fees, the developer was allocated 60% of the land, while the remaining 40% was allocated Mnangagwa through the Local Government, Public Works and Urban Development ministry.

“Stand 77 Carrick Creagh Township of Carrick Creagh of section 4 of Borrowdale Estate forms part and parcel of the said 40% and was erroneously transferred to the first respondent (Arosume Property Development (Pvt) Ltd) when it truly and legally belonged to the applicant in terms of the contract between the parties,” she said.

“The first respondent has, through its representative Kaston Kwaramba, confirmed that the said stand was erroneously registered in its name, and has since surrendered the same to the applicant. I, therefore, pray for the cancellation of the deed of transfer number 360/2009 dated January 20, 2009 so that the title reverts to the
applicant.”

The matter is yet to be set down for hearing.