Harare – High Court Sheriff has filed a police complaint against Christabel Stembeni ‘Kikky Badass’ Mahlungwa, the popular Zimbabwean hip hop artist and video vixen, after she allegedly concealed a vehicle that was listed for attachment. The move comes as the Sheriff attempts to recover US$18,000 in damages awarded against Kikky in a defamation lawsuit brought by a prominent Masvingo businessman and lawyer, Rodney Saratoga Makausi.
The legal battle stems from a March 2023 post on Kikky’s Instagram account, where she accused Makausi of soliciting sex from her. Makausi, who is also a businessman, sued her for US$500,000 after she refused to remove the post, which was visible to her 235,000 followers.
Kikky initially filed a plea for the case to be dismissed, arguing that Makausi could not claim civil damages in US dollars, as it is not the official currency. However, Makausi countered that, as a devout Christian, professional man, respected legal practitioner, and officer of the court in a relatively small city like Masvingo, his reputation and character were his most valuable assets.
The High Court of Masvingo eventually issued a writ of execution against Kikky’s movable property on January 24, 2025, directing the Sheriff to attach and seize goods to recover the US$18,000, along with interest at a rate of 5 percent per annum from December 4, 2024, and legal costs for Makausi’s legal practitioner.
Among the items listed for attachment was Kikky’s Toyota Aqua. However, in an attempt to evade the attachment, Kikky submitted that the vehicle belonged to one Ropafadzo Everjoy Mahlungwa.
The matter was brought before the High Court in Harare, which dismissed the claim on July 28, ordering that the vehicle was executable to cover Kikky’s debt.
The High Court stated, “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 court noted that “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 court further scrutinised the evidence presented by Ropafadzo Everjoy Mahlungwa, noting inconsistencies in her claims of ownership. “The Claimant alleged that she purchased the vehicle,” the court documents state. “To the Claimant’s interpleader affidavit, the Claimant attached the receipt which records Fally Jnr as the alleged seller of the vehicle.”
However, the court highlighted a significant discrepancy: “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.”
The court also addressed an attempt to clarify the situation by Kikky’s legal representative: “Mr. Chipetiwa attempted to offer an explanation and submitted that Taurai Muchowe was facilitating the transfer of the vehicle.” The court further noted that “The vehicle, according to papers before the court, belongs to Mitchel Rutendo Nzvere.”
The court also cast doubt on claims regarding Kikky’s residency: “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 court stated that “the Claimant tendered no proof that the Judgment Debtor is ordinarily resident out of the country.”
The Judgment Creditor, Rodney Makausi, opposed the claim, arguing that Ropafadzo Everjoy Mahlungwa had failed to prove ownership of the vehicle and to explain how two different people could have sold her the same vehicle. He also contended that Kikky resided at the place of attachment, asserting that “the presumption of ownership arising from possession must be employed to resolve the question of vehicle ownership.”
The High Court agreed with Makausi’s arguments, stating, “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 court found that “The Claimant alleged that she purchased the vehicle,” but “failed to explain the irregularities in her pleadings. The information on record suggests that the Claimant purchased the vehicle from two different people.”
Consequently, the court dismissed Ropafadzo Everjoy Mahlungwa’s claim, stating, “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.”
While Makausi sought costs on an attorney and client scale, the court deemed ordinary costs sufficient. “Such costs can only be granted in exceptional circumstances,” the court stated. “Such circumstances have not been established by Mr. Mupoperi’s submissions. Costs on an ordinary scale are reasonably sufficient, in my view.”
The court then issued the following order: “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.”
However, when the Sheriff proceeded to the given address to remove the vehicle, it was nowhere to be found. This prompted the Sheriff to file a report at Ruwa Police Station under RRB 6507875, as it is a criminal offence to hide property under attachment.
The lawsuit originated from a March 2023 post on Kikky’s Instagram, where she accused Makausi of soliciting sex from her. Makausi claims that his standing and reputation as a lawyer, devout Seventh Day Adventist member, family man, and community member were negatively affected by the post.
Kikky did not file her Pre Trial Conference (PTC) issues as directed by the court and did not attend the PTC on October 1, 2024, 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.
Makausi stated that Kikky made no attempts to retract the post after they engaged her. He argued that in a fairly small city like Masvingo, his reputation and character were his currency.
The case continues to unfold, with the police investigation into the alleged hiding of the vehicle adding another layer of complexity to the already contentious legal battle between Kikky Bada** and Rodney Saratoga Makausi. The outcome of the police investigation and the potential charges against Kikky will be closely watched by observers and fans alike.
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