High Court Dismisses $320,000 Refund Claim Against Harare Lawyer in Complex Property Dispute
In a striking turn of events, the High Court of Harare has dismissed a substantial legal claim brought by Mr. Bashir Ziya Quddusi and his wife, Marina, against prominent lawyer Mr. Aston Musunga, over a contentious property transaction. The couple sought a refund of US$320,000 for a residence in the affluent Gunhill suburb, alleging the property was sold under false pretenses.
The Quddusis accused Mr. Musunga, his law firm Musunga, Makaka and Associates, and the estate of the late David Chambwera Kamunhu of misleading them during the purchase of a property, which they later learned was non-transferrable. The heart of the dispute centered on the couple’s belief that they were duped into buying a property encumbered by legal limitations preventing its transfer to their names.
Filed in July 2021, the lawsuit demanded not only the return of their $320,000 but also interest at the prescribed rate from the date of the agreement of sale. However, after thorough consideration, Justice Samuel Deme dismissed the claims against Musunga and his firm for lack of merit and removed the case against the estate of Mr. Kamunhu due to procedural errors.
Mr. Musunga expressed relief at the court’s decision, emphasizing the importance of safeguarding legal professionals from baseless accusations that tarnish their reputations without just cause.
The case unfolded with the Quddusis alleging that Musunga, acting as the conveyancer for the sale, had provided them with the title deed prior to the sale but failed to disclose the property’s encumbrances. Their legal battle, represented by lawyer Jonathan Samukange, sought justice for what they deemed a grievous financial and emotional toll.
In defense, Advocate Thabani Mpofu, representing Mr. Musunga, argued that the couple had initiated legal action against Musunga in 2017, leading to an order for transfer that was later complicated by an appeal from CBZ Bank. Despite these challenges, the Quddusis managed to take over the transfer process, making payments to CBZ Bank to facilitate it. However, the exact amount required from them remained unclear, a point which the court found had not been adequately addressed by the couple.
This case highlights the intricate and often fraught nature of property transactions, underscoring the critical need for transparency and due diligence in all legal dealings. The dismissal of the Quddusis’ claim serves as a cautionary tale about the complexities of property law and the potential pitfalls buyers face when entering into such agreements without full disclosure of legal encumbrances.
As the dust settles on this legal skirmish, the broader implications for property law, professional responsibility, and buyer protection remain a topic of significant discussion. The decision not only vindicates Mr. Musunga but also prompts a deeper examination of the safeguards needed to protect individuals from similar predicaments in the future.
ZimEye
