Mtumbuka House Win, Illegals Appeal Ruling – Eduzim News

Harare – In an unexpected twist, Harrison Marange and his wife, Demetria Zirenga, have filed an appeal to the Supreme Court contesting a High Court ruling that declared them illegal occupants of former Education Minister Dzingai Mutumbuka’s property. The appeal, lodged on December 2, 2024, challenges the November 13 judgment by Justice Priscila Munangati Manongwa, which ordered the couple’s immediate eviction from the property at 90 Harare Drive, Colney Valley, Chisipite.

The couple, represented by Zvavanoda Law Chambers, is seeking to overturn Justice Munangati’s decision, which not only deemed them unlawful occupants but also ordered them to vacate the premises within 15 days and pay the costs of the case. The appeal has effectively delayed their eviction, leaving them in occupation of the disputed property.

Grounds for the Appeal

Marange and Zirenga’s appeal asserts that Justice Munangati erred in ruling against their ownership claim. They maintain that they lawfully purchased the property from a man named Jonah Ngome, whose alleged title deeds were declared fraudulent by the High Court. The couple seeks a Supreme Court order affirming them as the rightful holders of all rights and interests in the property.

In their filing, they argue that the High Court judgment was flawed and seek to have it set aside in its entirety.

Mutumbuka’s Opposition to the Appeal

Dr. Mutumbuka, the former Education Minister and the confirmed legal owner of the property by the High Court, has vehemently opposed the appeal. Represented by Sawyer Mkushi Legal Practitioners, he has also approached the High Court to expedite the eviction ordered by Justice Munangati.

In his response to the Supreme Court, Dr. Mutumbuka’s lawyers described the couple’s appeal as an “abuse of court process” and “defective” on multiple legal grounds. They have called for the withdrawal of the Supreme Court application, stating that its outcome would not overturn Justice Munangati’s original judgment.

Fraudulent Title Deeds and Key Ruling

Justice Munangati’s ruling declared that Marange and Zirenga have no legitimate claim to the property, emphasizing that they lack the title deeds necessary to establish ownership. The court also highlighted the absence of Jonah Ngome, the alleged seller, who has failed to appear in court to substantiate the couple’s claim. Furthermore, the judge ruled that Ngome’s purported title deed is a forgery and ordered its removal from the Registrar of Deeds’ records.

What Lies Ahead

As the case now heads to the Supreme Court, legal experts note the high stakes involved. The outcome could set a significant precedent for property ownership disputes in Zimbabwe, particularly where fraudulent documentation and contested ownership claims are involved.

For now, the appeal allows Marange and Zirenga to remain at the property, but Dr. Mutumbuka’s legal team remains confident in their position. With a counter-motion to enforce the High Court’s eviction order already in progress, the legal battle is far from over.

The property dispute continues to draw public attention, highlighting critical issues around fraudulent property transactions and the enforcement of judicial decisions. The nation now awaits the Supreme Court’s ruling on the matter.

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