Mathew Masinge
BUSINESSMAN and religious leader, Shingi Munyeza, sold his Borrowdale Brooke house for US$625 000 in June last year, documents in the hands of H-Metro show.
He also sold a consignment of his household furniture, including fridges and sofas, to Connect Microfinance Zambia for US$10 630.
However, documents also show that he only started staying as a tenant at the same property, last month, in which he pays a monthly rental of US$1 500.
Connect Microfinance Zambia intervened after business executive Marjorie Mutemererwa attached the house and movable property.
In their documents, Connect Microfinance, noted that:
l The claimant (Connect Microfinance Zambia) acquired the property from the 1st defendant (Munyeza) at the same time they acquired immovable property on the 6th of October 2022.
l The claimant is not a party to the proceedings under HC 1696/23 and have nothing to do with the judgment creditor.
l The claimant is the owner of the property which it purchased from Shingirai Albert Munyeza, the property belongs to the claimant and is not the property of the defendants.
l On this premise, the claimant implores the Office of the Sheriff to assist the interpleader proceedings.
l Thus, the claimant, therefore, lays a claim to the property attached by the Sheriff in terms of the notice of attachment. Further, the judgment debtors are not (never owned) the property together with its fixtures and fittings which were attached by the Sheriff on 28 July 2023.
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The agreement of sale shows that the total purchase price for the household assets was US$10 630 and the deal was a cash sale.
The parties agreed that the effective date of their agreement was the 25th of June 2022.
And, upon receipt of payment of the assets, Munyeza was supposed to have them transferred to a location chosen by the buyers within seven days.
The deed also shows that the Munyezas received full payment on July 17.
The company, through a local lawyer, made the document public after the same property was about to be attached for another debt he owes.
“Connect Microfinance Zambia is aware that Wilma Munyeza was served a writ of execution by the office of the Sheriff for Zimbabwe on the 27th of July 2023 with respect to judgment granted by the honourable court in favour of Marjorie Mutemererwa against Shingi and Wilma cited above on the 20th of July 2023.
“Connect Microfinance Zambia acquired the property from Shingi Munyeza at the same time as they acquired the immovable property on the 6th of October 2022.
“It seeks an order declaring the attached moveable assets, which are owned by the Claimant, to be the Claimant’s property and not supposed to be the defendants.
“Based on the foregoing the Claimant prays that the attached property be released from attachment.”