Kikky Badass: Court orders arrest after hiding property

A Sheriff with the High Court Civil Division has filed a police complaint against Hip Hop artist and video vixen, Christabel Stembeni ‘Kikky bada**’ Mahlungwa after she hid a vehicle listed for attachment.

Her Toyota Aqua, which was meant for attachment as part of payment for an US$18 000 lawsuit, was hidden from the sheriff.

Kikky was found to have defamed a top Masvingo businessman and lawyer, accusing him of soliciting for sex.

In a way to evade the attachment, she made submissions that the vehicle belonged to one Ropafadzo Everjoy Mahlungwa.

However, the High Court in Harare dismissed the claim and ordered that the vehicle was executable to cover the debt of the defendant (Kikky).

The High Court in Harare, held on July 28, dismissed the matter with costs and ordered the attachment.

“The Applicant approached this court having been informed by the Claimant (Ropafadzo everjoy Mahlunga) that she lays a claim to the vehicle being Toyota Aqua Registration number AGS 2268.

“The vehicle was attached on 27 February 2025. The attachment of the vehicle was pursuant to the judgment obtained by the Judgment Creditor against Christabel Stembeni Mahlungwa (hereinafter called” the Judgment Debtor”). in case number HCMSVSUM 75/23

“The Claimant alleged that she purchased the vehicle.

“To the Claimant’s interpleader affidavit,

the Claimant attached the receipt which records Fally Jnr as the alleged seller of the vehicle.

“When she filed her opposing affidavit, the Claimant attached the affidavit of Taurai Muchowe, who is also alleged to be the seller of the same vehicle.

“The court was not favoured with the explanation for this irregularity.

“Mr. Chipetiwa attempted to offer an explanation and submitted that Taurai Muchowe was facilitating the transfer of the vehicle.

“The vehicle, according to papers before the court, belongs to Mitchel Rutendo Nzvere.

“The claimant further alleged that the Judgment Debtor is her sister who does not ordinarily reside in Zimbabwe.

“She further averred that when the Judgment Debtor is in Zimbabwe, she would reside at Claimant’s place of residence.

“However, the Claimant tendered no proof that the Judgment Debtor is ordinarily resident out of the country.

“The claim was opposed by the Judgment Creditor.

“According to the Judgment Creditor, the Claimant has failed to prove ownership of the vehicle.

“He further affirmed that the Claimant failed to explain how two persons sold to her the same vehicle.

“He further contended that the Judgment Debtor resides at the place of attachment.

“Consequently, he asserted that the presumption of ownership arising from possession must be employed to resolve the question of vehicle ownership. “It is settled that a party claiming ownership of a property placed under judicial

attachment in interpleader proceedings must produce clear and satisfactory evidence to prove such ownership.

“Such a party bears the onus to prove ownership on a balance of probabilities.”

“The Claimant alleged that she purchased the vehicle.

“However, the Claimant failed to explain the irregularities in her pleadings.

“The information on record suggests that the Claimant purchased the vehicle from two different people.

“In the circumstances, the claim is standing on nothing and must therefore consequently be dismissed in terms of the alternative relief subject to amendments on the question of costs.

“The Judgment Creditor prayed for costs on an attorney and client scale.

“Such costs can only be granted in exceptional circumstances.

“Such circumstances have not been established by Mr. Mupoperi’s submissions.

“Costs on an ordinary scale are reasonably sufficient, in my view.

“ In the result, it is ordered as follows:The Claimant’s claim to Toyota Aqua Silver motor vehicle Registration Number AGS 2268 which appears on the notice of seizure and attachment dated 27 February which was placed under attachment in execution of the order in HCMSVSUM 75/23 be and is hereby dismissed.

“The above mentioned attached in terms of notice of seizure and attachment dated 27

February 2025 issued by the Applicant be and is hereby declared executable.”

When Sheriff proceeded to remove the vehicle, he found that the vehicle was not at the given address despite the vehicle being under attachment.

After failing to execute the attachment, the Sheriff has now made a report under RRB 6507875 at Ruwa Police Station as it is a criminal offence to hide property under attachment.

The action comes after the High Court of Masvingo issued the writ of execution against her movable property.

According to the execution issued on January, 24, 2025, the Sheriff was required and directed to attach and take into execution the movable goods as a way to recover the US$18 000 together with interest at the rate of 5 percent per annum from December 4, 2024.

She was also ordered to pay the legal costs for the plaintiff’s legal practitioner.

The lawsuit emanated from a March 2023 post on her Instagram in which she accused top Masvingo lawyer, Rodney Saratoga Makausi US$18 000 in defamation charges.

She accused him of soliciting for sex from her.

Makausi, who is also a businessman, sued her for US$500 000 after she refused to pull down the post she made to her 235 000 followers.

However, Kikky, did not file her Pre Trial Conference (PTC) issues as directed the court and she didn’t attend the PTC on October 1, 2024, nor did she file her submissions leading Makausi to apply for a default judgment.

Makausi later amended the amount to US$60 000 and was granted US$18 000 in damages.

Kikky didn’t make any attempts to retract the post after they engaged her.

He claims that he standing and reputatation as a lawyer, devout Seventh Day Adventist member, family man and community member was negatively affected.

Kikky earlier filed a plea for the case to be thrown out arguing that Makausi cannot demand civil damages in US$ as it is not the official currency.

Makausi, argued that he is a devout Christian, professional man, respected legal practitioner and officer of the court, in a fairly small city like Masvingo, his reputation and character were his currency.