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Access Finance board chairman, Isau Bwerinofa, argues that the High Court does not have the authority to handle <a href="https://www.pindula.co.zw/2023/09/23/harare-business-partners-approach-courts-over-us3-9-million-residential-properties-dispute/">a US$320,000 property case</a> brought by former director Senziwani Sikhosana. 
Singathini Raymond Chigogwana, Bwerinofa and Sikhosana were business partners running multiple companies, including Access Forex (Pvt) Ltd, Access Finance (Pvt) Ltd, Tara Capital (Pvt) Ltd, Thirty-Six Mountbatten (Pvt) Ltd, and Access Forex SA (Pty) Ltd. However, a dispute arose in 2022 regarding shareholding, leading to a court case. As a result of the ongoing battle over equity and properties, the business is now on the verge of collapsing.
The battle over equity and properties has caused turmoil in their businesses, with both shareholders leaving in separate deals. Chigogwana owned 54% shareholding, Sikhosana 20% and their chairman Isau Bwerinofa 26%. Both Sikhosana and Chigogwana have exited the business in separate deals.
Sikhosana seeks the transfer of three townhouse properties valued at US$320,000 as part of a settlement, either in real estate or cash, and requests the payment of associated taxes and costs. He also claims that Chigogwana, the former CEO, has breached the agreement and demands a resolution.
Bwerinofa, representing himself and other entities, challenges the court’s jurisdiction, citing a clause in the Share Purchase Agreement that mandates arbitration for disputes. He argues that the agreement has not been fully implemented and questions Sikhosana’s claim without arbitration. <a href="https://www.newsday.co.zw/local-news/article/200017914/businessmens-legal-battle-takes-new-twist">NewsDay</a> reported citing court papers:
<blockquote>
…. it must be noted that the First Applicant (Sikhosana), First Respondent (Chigogwana), Second Respondent (Bwerinofa), and other respondents are not counterparties to the sale agreements it is claimed are the subject of the sale agreements of the housing units. It is clear therefore that the dispute between the parties is the implementation of the SPA and all agreements that must be read together with the SPA.
</blockquote>
Bwerinofa argued that Sikhosana had no authority to take legal action against the named firms. He stated that the resolution proceedings of Ferden Investments, Rock Drill Mining, and Seanmart Investments, which Sikhosana relied upon, did not authorize court proceedings against the respondents.
Bwerinofa further claimed that while Sikhosana was in South Africa and they were incarcerated, Sikhosana withdrew over US$60,000 without disclosing it. When questioned about the reason for the withdrawal, Sikhosana allegedly stated that he wanted to use the money to secure his freedom in Zimbabwe. Chigogwana, the former CEO, supported and agreed with the opposing affidavit presented by Bwerinofa.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

Access Finance Board Chair Disputes High Court's Authority In US$3.9 Million Property Dispute

Harare businessmen Singathini Raymond Chigogwana and Senziwani Sikhosana, former partners, are in a dispute over residential properties valued at US$ 320,000.
Sikhosana has taken Chigogwana to court, demanding three townhouses worth US$320,000 as part of a shares purchase deal, <a href="https://www.herald.co.zw/business-executives-wrangle-over-properties/">The Herald</a> reported. The disagreement arose from a previous shareholding fight, leading to the court action. Sikhosana seeks the transfer of properties or cash settlement, along with payment of taxes and costs.
The battle over equity and properties has caused turmoil in their businesses, with both shareholders leaving in separate deals. Chigogwana owned 54% shareholding, Sikhosana 20% and their chairman Isau Bwerinofa 26%.
Mr. Chigogwana and Mr. Sikhosana were business partners running multiple companies, including Access Forex (Pvt) Ltd, Access Finance (Pvt) Ltd, Tara Capital (Pvt) Ltd, Thirty-Six Mountbatten (Pvt) Ltd, and Access Forex SA (Pty) Ltd. However, a dispute arose last year regarding shareholding, leading to a court case. As a result of the ongoing battle over equity and properties, the business is now on the verge of collapsing. Both Mr. Sikhosana and Mr. Chigogwana have exited the business in separate deals, with Mr. Sikhosana leaving last year and Mr. Chigogwana departing this week.
<h3>What Sikhosana wants:</h3>
<ol>
<li>In the court papers, Sikhosana is seeking a declaration from the court regarding the transfer of certain properties.</li>
<li>He wants the court to order Chigogwana, Bwerinofa, and 36 Mountbatten (the respondents) to sign transfer papers, pay taxes, and fulfil necessary obligations to transfer the properties to Ferden, Rock Drill, and Seanmart (the applicants) within 14 days.</li>
<li>If the respondents fail to comply, Sikhosana requests that Access Finance be authorised to sell their property to cover the costs of the transfer.</li>
<li>Alternatively, Sikhosana asks that the respondents jointly or severally pay the applicants a sum of US$320,000 for the properties. If they fail to do so, the Sheriff of the High Court would be authorised to attach their property and realize the payment. </li>
</ol>
The applicants are Mr Sikhosana and his entities Ferden Investments, Rock Drill Mining and Seanmart Investments, while the respondents are Mr Chigogwana, Mr Bwerinofa, Thirty-Six Mountbatten, Access Finance, Access Forex, Tara Capital, The Sheriff of the High Court and the Registrar of Deeds and Companies.
Sikhosana and Chigogwana had a business dispute when Chigogwana reneged on selling shares to Sikhosana. They settled on a buyout deal of US$600,000, including cash and three townhouse units. While the cash payment was made, the transfer of properties and title deeds is pending. Chigogwana sold his shares before Sikhosana received full payment and title deeds. After Chigogwana’s resignation, Sikhosana took legal action to demand the outstanding payment, arguing that his properties should not be part of the takeover deal.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Harare Business Partners Approach Courts Over US$320,000 Residential Properties Dispute

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