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Harare businessman Tendai Mashamhanda will file an urgent chamber application against the Sherriff’s order for him to vacate his US$1.5 million mansion in Harare after Supreme Court judge Justice Chinembiri Bhunu dismissed a case in which he opposed being evicted before a determination of his court
The eviction order signed by M Kapesa, the sheriff carries today’s date, February 26, 2024. It cites Mashamhanda as a defendant and Bariade Investment Pvt Ltd as the plaintiff.
Part of the order says:
This is to advise you that in respect of the above case, a warrant of execution /Ejectment/delivery has been issued at the insistence of the plaintiff, represented by legal practitioners Gill Godlonton and Gerrans”.
In terms of section 74 of the Constitution, Mashamanda cannot be evicted from his home without an order of court made after considering all the relevant circumstances.
In his appeal application that has been dismissed by Justice Bhunu, Mashamhanda further stated that by virtue of the aforesaid section 74 of the Constitution, an applicant with a right of appeal and who exercises that right to appeal against an order of eviction by a court of first instance, ought not be evicted pending appeal.
The appeal is going to be heard on 29 February 2024 which is the same date that the eviction order will be executed. Analysts are questioning the motive of executing the order for eviction on the same day that the Supreme Court will hear the appeal.