By Judith Nyuke
The trial of two brothers-in-law fighting over a Spitzkop property continued at the Harare Magistrates’ Court on Friday, where the investigating officer testified that his inquiry revealed the property’s change of ownership was done without following the proper legal channel.
Brighton Chakanetsa told the Court that the change of ownership of the Estate from Jeremiah Chamba to TenJen Consultants was invalid because it was executed without all the required documents, including the Authority to Sale, Master’s consent, Capital Gains Tax clearance, Letters of Administration appointing the Executor and a Declaration by the buyer and seller.
He said a request to the Registrar of Deeds showed that the property was formerly owned by the now-deceased Jeremiah Chamba. His estate was reportedly administered at the Guruve Magistrate Court, and the appointed Executor Dative, Cephas Chamba, subsequently transferred the property to Ten Jem Consultants (Pvt) Ltd.
Chakanetsa added that his investigation also revealed that Masango and Jemwa both purchased the property from Charles Zinto, who had previously bought it from Jeremiah Chamba but never officially registered the title in his own name.
The Court heard that Zinto confirmed selling the property to both parties jointly for a Toyota Camry (valued at ZWL20 million) and ZWL20 million cash at that time. Zinto had advised both buyers that the title was still under Chamba’s name.
Both parties then hired lawyer Jingini Raphael Tsivama to handle the change of ownership, but the accused later collected the file, which contained the agreement of sale and property documents, while Zinto was attempting to reverse the sale against Ten Jem Consultants (Pvt) Ltd.
He also said the investigation into the direct transfer of the property from the deceased Jeremiah Chamba to Ten Jen Consultants uncovered numerous irregularities.
Authorities, including the Guruve Magistrate Court, the National Archives of Zimbabwe, and the Master of the High Court, all confirmed they held no records for Chamba’s deceased estate.
Furthermore, the supposed Executor, Cephas Chamba, was found not to exist in Central Registry records, and Chamba’s death has yet to be officially registered.
Chakanetsa said the ownership change itself was executed without required legal documents, such as the Master’s consent and Capital Gains Tax clearance, which ZIMRA confirmed it never processed.
Despite the fraudulent transfer, a civil court upheld a Memorandum of Understanding confirming Masango and Jemwa are joint owners of the property.
The matter will be back in court on 15 October 2025.
