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The Supreme Court of Zimbabwe has dismissed an application for leave to appeal filed by <a href="https://www.pindula.co.zw/Tendai_Biti/">Tendai Biti,</a> who faces a US$1 million defamation lawsuit brought by Augur Investments’ top executives <a href="https://www.pindula.co.zw/Kenneth_Sharpe/">Kenneth Raydon Sharpe</a> and Tatiana Aleshina.
Biti’s application was dismissed with costs by Justice Alfas Chitakunye, who said it was improperly placed before the court, <a href="https://www.newsday.co.zw/local-news/article/200012656/biti-loses-us1m-defamation-appeal">NewsDay</a> reported. The High Court had already ordered that the trial proceed after Biti objected to the lawsuit but lost by default judgment. Biti then approached the Supreme Court seeking leave to appeal the High Court’s verdict. However, Justice Chitakunye said Biti should have first purged the default judgment he lost at the High Court before approaching the Supreme Court for leave to appeal.
Biti’s appeal comes after his application for exception was dismissed by High Court judge, Justice Jacob Manzunzu in 2021. The trial was due to commence before High Court judge, Justice Tawanda Chitapi, but failed to kick off after the opposition legislator filed an appeal against the High Court’s ruling at the Supreme Court.
Augur Investments is seeking US$500 000 damages from Biti while its chief operations officer, Aleshina is claiming US$100 000. Sharpe wants US$400 000.
Biti is accused of having scandalized the company’s good standing over the Harare Airport Road tender. Augur accuses Biti of making false claims that they were involved in fraudulent transactions and land theft from the City of Harare, portraying them in a bad light.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

Biti Suffers Setback In US$1 Million Defamation Lawsuit

Former Finance Minister <a href="https://www.pindula.co.zw/Tendai_Biti">Tendai Biti</a> has claimed that businessman <a href="https://www.pindula.co.zw/Kenneth_Sharpe">Kenneth Raydon Sharpe</a> is part of the greatest land heist in the history of independent Zimbabwe.
Biti made the claims while testifying at the Harare Magistrate Court in a case where he is accused of <a href="https://news.pindula.co.zw/2020/12/05/bitis-assault-victim-lodges-complaints/">verbally assaulting Sharpe’s business partner, Tatiana Aleshina.</a>
Sharpe owns Augur Investments which entered into two land deals with the Harare City Council (HCC) which resulted in the local government authority losing vast tracts of land, according to <a href="https://www.newzimbabwe.com/controversial-tycoon-ken-sharpe-in-zimbabwes-greatest-land-heist-says-biti-as-he-lays-into-mastermind-associate/">NewZimbabwe</a>.
According to Biti, the opposition Citizens Coalition for Change (CCC) vice president, Aleshina has been involved in a series of land grab scandals through Augur Investment OU, a company she fronts.
<h2>Some Context:</h2>
In 2007, Augur Investment entered into an agreement with HCC to form a firm called Sunshine Development. Augur was supposed to deposit US$30 million into the capital bank of Sunshine Development. Augur would get 70 percent of shares in the joint venture company. Augur Investment allegedly deferred from depositing the money into the account, but took away land and transferred it to several shelf companies.
In 2008, HCC and Augur reportedly entered into another agreement for the construction of the airport road. HCC agreed to give land to Augur Investment in return for the construction of the road. Biti says Augur did not honour the contract but went ahead and claimed the land from the local authority. Instead, Augur subcontracted Fairclot in 2013 to do the work. Fairclot, however, withdrew all its equipment and stopped work on the road after doing just 2.7km of the 10km due to non-payment.
In May 2014, the central government cancelled the agreement between HCC and Augur for the construction of the Harare airport road due to the non-performance of Augur and their associates.
Biti says despite failing to deliver on their part, up until that time they had been given thousands of hectares of land, Augur demanded additional land as a penalty against the City of Harare.
The trial is set to resume on October 18.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Biti Says Ken Sharpe Is Part Of The Greatest Land Heist In Independent Zimbabwe

President Emmerson Mnangagwa, through the Sheriff, transferred vast tracts of disputed land to Augur Investments’ nominee company Doorex Properties, reports The NewsHawks.
The transfer followed a secret deed of settlement that also offered Augur immunity from any litigation on the land.
The title deed for the land was being held in escrow by Coghlan, Welsh and Guest Legal Practitioners at the time of the secret agreement as the land was being contested between Augur and Trucking and Construction (T&amp;C) Private Limited.
According to online sources, an escrow is “a bond, deed, or other document kept in the custody of a third party and taking effect only when a specified condition has been fulfilled.”
T&amp;C Private Limited had been subcontracted by Augur Investments to construct part of the Airport Road.
The deed of settlement signed on 28 May 2019 between Tatiana Aleshina on behalf of Augur and Local Government minister July Moyo was given the status of a High Court order.
It stated that within 24 hours of signature, Moyo was to issue an instruction for the release of the title deed for stand 654 Pomona from escrow.
According to deeds of transfer and other documents seen by The NewsHawks, the Sheriff, Macduff Madenga, granted the power of attorney to Augur and Doorex lawyer Douglas Chinawa in November 2019, with the land being transferred in January 2020.
Augur is a company linked to businessman and land developer Ken Sharpe. The valuation of the said property was put at US$4.8 million.
The land, transferred to Augur and shelf companies linked to the company, was payment for the Airport Road project, which was never completed.
At the time of the deed of settlement, the City of Harare was trying to recover its land from Augur.
Previously, former Local Government minister Saviour Kasukuwere had also tried to seize back the land given to Augur.
Meanwhile, Moyo, acting on behalf of the state, undertook to immediately withdraw all and any criminal cases against Augur, its associated companies, representatives and its directors.
In the secret deed of settlement, attached as an annexure to T&amp;C’s court documents, Moyo, representing himself and Mnangagwa, assured Augur that the company would not face litigation from the government, Harare municipality or third parties regarding the land.
The land in dispute is Stand 654 Pomona township measuring 273.29 hectares.
The property was Augur’s security as well as for payment for future work and equipment hired for the contract between T&amp;C and Augur for the project.
<h4>More: <a href="https://thenewshawks.com/fresh-details-emerge-on-president-mnangagwas-harare-land-heist/?fbclid=IwAR2FqEOljLSw7Oy-ckdsXnoTbfL8_L9ha0qMEFJNf2p9aJgsGsbiA9A9QA8">The NewsHawks</a></h4>

Mnangagwa, July Moyo Implicated In Harare Land 'Heist'

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