The land wrangle between Prophetic Healing and Deliverance Ministries (PHD) founder Walter Magaya and the late renowned sculptor Nicholas Mukomberanwa’s family rages on as he battles to retain ownership of Kalulu Farm in Goromonzi.
Zim Morning Post understands that Magaya bought the disputed farm on April 30 2018 but the late sculptor’s family is challenging the legality of the purchase citing that it was still to be distributed under the deceased person’s estate.
Mukomberanwa’s lawyers, Samukange Hungwe Attorneys, have since prepared summons to serve Magaya following his failure to respond to their initial letter they wrote last week seeking the reversal of the transaction.
Magaya was given June 18 as a deadline to respond and the late sculpture’s lawyers confirmed to this publication on Thursday that they have already prepared summons since Magaya failed to respond .
“We will proceed with summons since he did not respond to our communiqué, this is what I can only reveal at this stage,” said top lawyer Everson Samkange who refused to shed more light.
In his initial letter dated June 7 and addressed to Magaya c/o Planet Africa Pvt (Ltd) and copied to the Master of High Court,Anderson Mukomberanwa and Nyarai Gurupira, Samkange wrote:
“Our instructions are to therefore seek that your Deed of Transfer be reversed and attendant restitutions be afforded so that the farm is dealt with under DR 1839/15 as read together with DR 1256/05. In this connection, we write to inquire your attitude towards our client’s interests in Kalulu Farm, viz-a-viz your impugned title.”
The late sculpture’s family acknowledged that Magaya indeed bought the farm in April last year but noted that it was under dubious circumstances.
“We understand that you are the current owners of a piece of land situated in the district of Goromonzi measuring 295,5847 hectares otherwise known as Kalulu Farm and you attend such ownership on the 30th of April 2018. You will recall that the said piece of land, Kalulu Farm was previously owned by the estate of the late Anderson Tichafa Mukomberanwa under DR No. 1256/05 and you purchased it from the estate.
“By reason of a Last Will and Testament of 19 February 2002 by the late Nicholas Obert Mukomberanwa, Kalulu Farm was included for distribution in his estate. His will has been accepted for administration purposes by the Master of High Court.”
Magaya has been previously linked to land scandals including parcelling out stands in Chishawasha in land he is believed to have acquired from former minister Saviour Kasukuwere.
Besides agriculture, he also has interests in the mining sector.
Magaya’s lawyer Everson Chatambudza could not be reached for comment as his phone went unanswered by the time of writing.
He is however on record stating that Mukomberanwa’s family has no legal basis to compel Magaya to reverse the transcation.