Africa-Press – Zimbabwe. Harare businessmen Singathini Raymond Chigogwana and Senziwani Sikhosana, former partners, are in a dispute over residential properties valued at US$3.9 million.
Sikhosana has taken Chigogwana to court, demanding three townhouses worth US$320,000 as part of a shares purchase deal. The disagreement arose from a previous shareholding fight, leading to the court action. Sikhosana seeks the transfer of properties or cash settlement, along with payment of taxes and costs.
The battle over equity and properties has caused turmoil in their businesses, with both shareholders leaving in separate deals. Chigogwana owned 54% shareholding, Sikhosana 20% and their chairman Isau Bwerinofa 26%.
In his court papers, Sikhosana wants the court to declare:
The court application to compel transfer of the immoveable property known as Units number 19, 8 and 22 in certain piece of land situate in the District of Salisbury called Lot 88 Marlborough Township of Marlborough measuring 1.1525 hectares, held under deed of transfer No. 3816/2027 dated 27th September 2017 be and is hereby granted.
The 1st, 2nd and 3rd respondents (Chigogwana, Bwerinofa and 36 Mountbatten respectively) be and are hereby ordered to sign all transfer papers, make all appearances, pay all tax obligations and related imposts as may be necessary to effect transfer of transfer Units number 19, 8 and 22 in certain piece of land situate in the District of Salisbury called Lot 88 Marlborough Township of Marlborough measuring 1.1525 hectares, held under deed of transfer No. 3816/2027 dated 27th September 2017 to the 2nd, 3rd and 4th applicants (Ferden, Rock Drill and Seanmart) respectively within 14 days of the granting of this order.
In the event that 1st, 2nd and 3rd respondents fail or refuse to transfer the housing units as ordered in (1) above, then in that event 4th respondent be and is hereby authorised to sign and execute all papers, attach and sale in execution such property of the 1st, 2nd and 3rd respondents as is sufficient to pay for all and any lawful taxes, imposts and costs as are conventionally payable by a transferor and do all such things as are necessary to pass transfer of units 19, 8 and 22 to the 2nd, 3rd and 4th applicants respectively and the 5th respondent be and is hereby ordered to effect transfer in his records to give effect to the transfer.
Alternatively, the 1st, 2nd, 3rd, 4th, 5th and 6th Respondents jointly and severally the one paying the other to be absolved be and are hereby ordered to pay the Applicants the sum of US$320 000.00 (three hundred and twenty thousand American dollars) being the agreed value for Units number 19, 8 and 22 in certain piece of land situate in the District of Salisbury called Lot 88 Marlborough Township of Marlborough measuring 1.1525 hectares, held under deed of transfer No. 3816/2027 dated 27th September 2017.
In the event that the 1st,2nd, 3rd, 4th 5th and 6th respondents fail or refuse to pay the sum of us$320 000.00 (three hundred and twenty thousand American dollars) in terms of paragraph (4) above, then in that event the 7th Respondent be and is hereby authorised to attach such property of the 1st, 2nd, 3rd, 4th, 5th and 6th respondents and cause to be realised the sum of US$320 000.00 (three hundred and twenty thousand American dollars) and pay over to the Applicants.
The 1st, 2nd,3rd, 4th, 5th and 6th respondents jointly and severally the one paying the others to be absolved be and are hereby ordered to pay the Applicants’ legal costs at the rate of attorney and client scale in terms of clauses 11.7 of the individual agreements of sale.
Sikhosana and Chigogwana had a business dispute when Chigogwana reneged on selling shares to Sikhosana. They settled on a buyout deal of US$600,000, including cash and three townhouse units. While the cash payment was made, the transfer of properties and title deeds is pending. Chigogwana sold his shares before Sikhosana received full payment and title deeds. After Chigogwana’s resignation, Sikhosana took legal action to demand the outstanding payment, arguing that his properties should not be part of the takeover deal.
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