SC 47-13 - MUCHINI v ADAMS & OTHERS

ALFRED MUCHINI

v

1. ELIZABETH MARY ADAMS (2) SHEPHERD MAKONYERE N.O (3) ESTATE LATE ALVIN ROY ADAMS (4) REGISTRAR OF DEEDS (5) MASTER OF THE HIGH COURT

 

SUPREME COURT OF ZIMBABWE

ZIYAMBI JA, GARWE JA & OMERJEE AJA

HARARE, FEBRUARY 12, 2013

L Uriri, for the appellant

F Mahere, for the respondents

 

ZIYAMBI JA: At the end of the hearing we dismissed the appeal with costs. The following are our reasons for so doing. The subject of the dispute between the parties is an immovable property known as plot number 13 Glynham, Masvingo (“the property”).  It formed part of the estate of the late Alvin Roy Adams (“the deceased”) who died on 9 July, 2004.  The first respondent is his widow.

About one year after the demise of the deceased, in July 2005, the first respondent, desiring to sell the property, approached the legal firm Mwonzora & Partners requesting their assistance in finding a buyer.  They found the appellant and, on 7 July 2005, the first respondent sold the property to the appellant for Z$350 000 000.00. It is common cause that payment was made by the appellant to Mwonzora & Partners.  Thereafter the appellant moved onto the property having evicted the first respondent and her children therefrom.

Mwonzora & Partners did not transmit the proceeds of the sale to the first respondent who continued to press for payment without success.  In the end, that firm advised her to find another firm of legal practitioners to represent her as they were now representing the appellant.

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