FORMER Zanu PF legislator Goodwills Masimirembwa has been dragged to court over a botched residential stand sale involving US$72 500.

In an application, Donald and Sharon Makanyanga want the High Court to order Divine Homes to transfer all rights and title of the stand and sign the documents for the transfer and alternatively for the sheriff to be empowered to sign all documents necessary to effect transfer of rights and title of the said property.

The court heard that Masimirembwa bought number 826 Gletwyn Township from Divine Homes and an agreement of sale was signed to that effect.

However, Masimirembwa had nominated Divine Homes to process transfer of the property but before that was done, the land was also sold to Makanyanga and an agreement of sale was signed with Charles, Tadiwanashe and Cleopas Chibhanguza on September 5, 2018.
Makanyanga paid

US$72 500 only for the respondents to refuse to sign the documents for the transfer of the rights.

“It is a settled position in terms of the law of contract that if parties enter into an agreement of sale, if obligations and rights arise, parties have to fulfil their obligations,” reads the application.

“Further, the agreement becomes binding on the parties and the court can be approached to enforce it. The court can thus compel the performance of contractual obligations by a party in default.

“I have fulfilled my obligation to pay the purchase price; however, the respondents have neglected their obligation to deliver the same.

“They are withholding the transfer in which case this court is petitioned to compel them to transfer the property and all rights as agreed.”