AAG VP refuses to move out of auctioned house

THE High Court has quashed an appeal by Affirmative Action Group (AAG) national vice-president Mr Samuel Ncube who was challenging eviction from his house in one of Bulawayo’ upmarket suburbs by a local businesswoman who purchased the property at an auction.

The ruling by Bulawayo High Court judge, Justice Maxwell Takuva sitting with Justice Nokuthula Moyo during civil appeal court follows an urgent chamber application by Mr Ncube filed two years ago challenging an eviction order which was granted by a magistrate on 22 May 2015.

In papers before the court, Mr Ncube is the appellant while the businesswoman, Ms Emmeliah Sigauke was cited as the respondent. In dismissing the appeal, Justice Takuva said Mr Ncube’s application lacked merit and was tantamount to abusing court processes.

“The appeal itself is devoid of merit as the opposition to the application for summary judgment was premised on a plea of lis pendens (a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it) and yet the magistrate court case commenced prior to the High Court case that the appellant now sought to use a challenge to the application for summary judgment,” said Justice Takuva.

Mr Ncube challenged a summary judgment which was granted in favour of Ms Sigauke, but, however, the judge said he did not act in good faith when he opposed the summary judgment and furthermore appealing before the same court. Justice Takuva said Mr Ncube’s defence was “baseless and hollow.”

“Certainly, this is mala fide. Not only did the appellant oppose the summary judgment on the basis of a non-existent defence, but he also decided to approach this court clearly abusing court process with a hollow appeal. We thus found that this is a case that meets the criteria for an award of costs at a punitive scale as prayed for by the respondent. I accordingly dismiss the appeal with costs at an attorney and client scale,” ruled the judge.

According to court papers, Ms Sigauke purchased a house in Selbourne Park in Bulawayo through a judicial auction conducted by Holland Auctioneer, Estate Agents and Valuers on 4 August 2014 following an instruction by the Sheriff of the High Court.

Ms Sigauke, who was the highest bidder, paid the amount in full for the purchase price. She, however, failed to occupy the property as Mr Ncube refused to vacate from the disputed house. Ms Sigauke was then forced to initiate eviction proceedings at the magistrate’s courts after acquiring title deeds for the property on 22 May 2015.