HARARE property magnate Patrick Paul Kennan was arrested on Tuesday for allegedly colluding with his lawyers and court officials to fraudulently secure a default judgment in a long-running legal battle over a prime property in Borrowdale, Harare.
Kennan faces allegations of corruption, judicial fraud and obstruction of justice.
His arrest follows a Supreme Court judgment ordering reinstatement of a case in which Courchgrass (Pvt) Ltd is being challenged by Sayles Corporation over a prime piece of land, Lot 4 Rietfontein, in the leafy Borrowdale suburb.
Courchgrass, which is controlled by Kennan and John De Wet, is believed to have subdivided and sold the fraudulently acquired land to 23 unsuspecting members of the public.
The company allegedly transferred title of the piece of land after securing a fraudulent default judgment.
The piece of land under dispute, measuring 6,8 hectares, was bought by Samalyn Investments from June Searson before selling it to Sayles Corporation.
Mark Warhurst of Warhurst Attorneys, who is now being jointly charged with Kennan, has already been convicted by the Law Society of Zimbabwe over the judicial crime and awaits sentencing.
In a Supreme Court ruling delivered on May 25, 2025, Courchgrass was also implicated in tampering with court papers in order to secure a default judgment which it used to transfer the prime land.
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Justices George Chiweshe, Susan Mavangira and Joseph Musakwa set aside a previous High Court ruling which dismissed Sayles’ applications for rescission of judgment and joinder of parties for want of prosecution.
Sayles had applied to be joined in the fight for the piece of land between Samalyn and Courchgrass, but the latter refused to have the rival claimant to be part of the court processes.
“The court was convinced from the outset that the appellant was on a wild goose chase . . . It concluded, therefore, that there were no prospects of success,” part of the ruling by the Supreme Court read.
“That view was fundamentally flawed.”
Sayles accused Courchgrass and the estate executors of fraudulently and unlawfully acquiring the property in breach of tax laws.
The battle began after Sayles purchased the contested Reitfontein property from the estate of the late June Searson in 2018.
Courchgrass also claimed ownership citing an earlier transaction involving the deceased's estate leading to a web of litigations and default judgments.
Courchgrass had previously secured a High Court ruling declaring it the lawful owner. The Supreme Court has now ruled that Sayles, who was not party to the earlier litigation, cannot be bound by those decisions.
“Clearly, the appellant’s claim introduces a new party not involved in the previous judgment,” the judgment read.
“It cannot be said that the appellant’s claim is between the same parties or their privileges as before. For that reason, the appellant’s claim cannot be defeated on account of res judicata.”
The High Court had also previously dismissed Sayles’ applications due to procedural delays in serving court papers to the Searson brothers, who had relocated to Australia.
The Supreme Court found that Sayles had made legitimate attempts to serve the brothers by edictal citation and was in fact successful before the lower court heard the matter.
“The appellant’s applications have prospects of success,” the court ruled.
“The balance of convenience favours the appellant as it seeks to have the dispute resolved on the merits rather than on technicalities.”
After the Supreme Court overturned the High Court’s dismissal, Sayles’ applications for rescission and joinder are reinstated.
