A LOCAL property mogul, Frank Tawanda Buyanga, has been taken to court by a Harare man, Collin Cecil Rose over a botched property transfer deal signed 10 years ago.
BY CHARLES LAITON
Rose recently filed a court application citing Buyanga and the Registrar of Deeds as respondents, seeking a default judgment to compel Buyanga “to take all necessary steps to pass transfer of his property”.
In his application, Rose said on November 1, 2007, he entered into an agreement of sale of a certain piece of land, being Lot 8 of 205, Greendale Township, held under deed of transfer number 7586/2006 measuring 4 047 square metres, with Buyanga.
Rose said the terms of the agreement were, among others, that Buyanga would sell the piece of land to him for ZW$51 000 000, and that the business mogul would in turn give Rose occupation and possession of the property.
“The seller (Buyanga) would tender transfer of the property to the plaintiff (Rose) as soon as reasonably possible after the occupation date in any event within 14 days of payment of the purchase price. In compliance with the terms of the agreement, the plaintiff has paid ZW$51 000 000,” Rose said.
However, Rose said in breach of the terms of the agreement, Buyanga failed to tender transfer of the property to him as he was obliged to do, prompting him to approach the court for recourse.
In his affidavit of evidence, Rose said: “The defendant (Buyanga) has refused, failed or neglected to perform his obligations in terms of the agreement of sale. The defendant has also, despite service of the court process, refused, failed or neglected to enter appearance to defend his action”.
Rose is represented by Nyikadzino and Simango Legal Practitioners.