The High Court In Harare yesterday reserved judgement in the case in which Nelson Chamisa was seeking to have the Thokozani Khuphe faction of the MDC evicted from Harvest House.
Further to this the ownership of Harvest House Was Confirmed by Elliot Pfebve.
The Nelson Chamisa group was unable to produce a lease agreement for the building although they claimed that they had signed a 20 year lease agreement with the trustees of the building.
Harvest House is significant as whoever retains the building will have the appearance of being the legitimate MDC.
Douglas Mwonzora Backer Paul Saungweme wrote the following on Facebook:
With all due respect former MP Hwende is lying. The courts were not given a lease agreement. Few Highlights.
2 cases were before Justice Mangota.
Lawyer Muchadehama was acting on behalf of the trustees. The trust wants the courts to evict mdct and replace them with MDCA who is also known as (MDCT). MDCA who is not a legal pesona. The applicants failed to produce 3 things They did not produce a lease agreement, title deed and a letter terminating mdct lease agreement. It’s important to note that the courts also made it clear that the MDCA pact president is Khupe.
The applicants deliberately ommited some documents regarding the trust memorandum. The courts refused Hwende’s affidavits as it was defective. Hwende had no right to say people were inside the building when he did not enter the building. In a press statement Mahere said MDCA security were beaten. The MDCA security head Gaga’s affidavit has no record of any single security person beaten.
I have seen a copy of the deed the respondence have a clear case. What I can confirm is the deeds office has a November 2017 record where Hwende tried to change Harvest Trustees. Whilst this issue is not before the courts for now. I am simply trying to highlight the fact Hwende clearly knows HH Trustee Pvt LTD is a trustee that runs Harvest house on behalf of the MDC. The real issues to be debated are “Does MDC have the power to change HH trustees or Does the trustees have the power to change the beneficiary. The respondence are not disputing the trustee names the real issue is who is the beneficiary and what is the mandate of trustees. Is the beneficiary MDC or MDCA ndopanenyaya.
The second case involved the Harvest employees represented by Mhike. This one I won’t dwell on it it’s a walkover.