The High Court has ordered the demolition of 18 houses in Chitungwiza to pave the way for a private company.
The affected house owners have since approached the High Court on an urgent basis seeking to stop the imminent demolitions.
One Lovemore Chitsuro deposed an affidavit stating that they lawfully acquired their stands.
The applicants cited the company, Massmore Investments Private Limited which also claims to have been awarded the same land by Chitungwiza Municipality as the first respondent.
Chitungwiza Municipality was cited as the second respondent while the High Court Sheriff is the third respondent.
Chitsuro said he was issued with an offer letter and lease agreement for his stand measuring 800 square meters in Manyame Park by the municipality.
However, the sheriff was authorised by High Court, Justice Gladys Mhuri to effect a demolition which will also affect his neighbours.
The operation of the Court order was however suspended after appeals were noted at the Supreme Court.
“This application therefore seeks to bar the 3rd respondents from effecting demolitions against my property as I was not part of that Court order nor did I get occupation through the parties cited in that Court order,” he said.
“The sheriff’s action is very imminent given the fact that we were notified of their intention to demolish and subsequent to that notice other structures belonging to our neighbours were demolished despite the fact that they were, like us, not part and parcel of the court order that was granted in favour of Massmore Investments.
Chitsuro said on the 15th of November 2023, they engaged the sheriff through their representatives and were advised that their properties would be demolished.
“We vehemently dispute this fact, however, that alone at this juncture does not seem to prevent the sheriff who advised us, through our representatives, that the demolitions will go ahead as planned.
“Unless urgent relief is granted, we risk having our homes destroyed and we risk becoming homeless during this deadly cholera period, yet we are in lawful occupation.”
According to Chitsuro, when he was issued with an offer letter, it came with a condition that he was supposed to pay a total of $ 23 930-00 and he complied.
He said he was issued with a lease agreement in September 2020, which cemented his rights to the stand.
Chitsuro added that all documentation was done through Chitungwiza Municipality adding that he complied with the council’s requirements.
“I erected a structure on the stand which is currently my house and that of my family.
“My occupation was based on the official documents that I lawfully obtained from the 2nd Respondent and not based on any other person. I was not part of any proceedings in this Honourable Court under case number HC 1730/22.
“I was shocked when I was advised that my stand was marked for demolition pursuant to an order which I was not aware of and which had absolutely nothing to do with me. Given the fact that I was lawfully allocated the stand, I ought to have been made a party to any proceedings that would have an effect on the occupation of the stand, which was not the case.
“I therefore submit that the order to evict and demolish my property is illegal and unconstitutional as it deprives me of my right to be heard in Court the sheriff cannot demolish the property of a person who was not cited in a court order and who did not occupy the property based on illegal occupation of other people,” he said.
He said the harm is genuine and imminent given the fact that other houses have been destroyed in the past week under similar circumstances.
“If the Urgent relief is not granted, the houses will be destroyed and no other remedy can cure the loss,” he said.
The matter was set down for a hearing on Monday.
Source NewZimbabwe
