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executive Ms Henrietta Rushwaya in a property deal, last week suffered another blow after his bid to reclaim ownership of the disputed property in Greendale hit a snag.
However, the man of the cloth paid US$75 000 restitution and was set free after spending some time in prison.
Pastor Mhindu was jailed two years by regional magistrate Mr Morgen Nemadire after being found guilty of defrauding Ms Rushwaya of US$75 000.
He sold to another person 3 182 square metres, which were part of the 13 379 square metre property, he had sold to Ms Rushwaya.
Pastor Mhindu was ordered to restitute Ms Rushwaya US$75 000.
After paying up he had filed an urgent chamber application seeking to bar Ms Rushwaya or Mr Norman Zimvu, the owner of the smaller part of the plot, from selling or changing ownership of the property.
Pastor Mhindu based his application on the grounds that he had repaid Ms Rushwaya and that the property was now his.
He also argued that the deal with Mr Zimvu was now null and void and that the agreement of sale had been cancelled.
High Court judge Justice Samuel Kudya threw out the urgent chamber application by the pastor.
Pastor Mhindu argued that the restitution covered the whole property and that he was now the owner of that property, 51 Court Road, Greendale.
But Ms Rushwaya, through her lawyer Mr Selby Hwacha of Dube Manikai and Hwacha, had opposed the application arguing that the restitution paid was only for the smaller portion and that she was still the owner of the bigger part of the land.
“As the applicant (Pastor Mhindu) approached the court with this matter, he has not addressed the importance of the fact that he carries a criminal conviction concerning exactly this transaction.
“It is an established rule and policy that the court do not just assist unlawful or criminal causes and or criminals.
“In particular and in relation to the first to third respondents (Royhurst Investments, Ms Rushwaya, Ms Helliate Rushwaya), I respectfully aver that it is not correct that the US$75 000, which the applicant paid as restitution was for the entire property.
“As is clear from the documents before this Honourable Court, the transaction between second and third respondent was for 13 279 square metres of land.
“As it turned out, the applicant had already sold 3 182 square metres of the same land to Mr Norman Zimvu (the portion with a house),” said Ms Rushwaya.
Mr Zimvu also opposed the application arguing that the agreement of sale entitling him to the smaller portion of the land was still valid and that the pastor had ceased to be the owner.
“The alienation of the property will not prejudice the applicant as the rights in the property are no longer vested in him,” he added.
Warara and Associates represented Mr Zimvu and Pastor Mhindu was represented by Scanlen and Holderness.