THE High Court has settled a long-drawn legal battle pitting two Kadoma housing cooperatives which were both claiming ownership of a swathe of land with the potential to accommodate nearly 2,000 stands. Mupamombe Housing Project (MHP) won the challenge after High Court Judge, Justice Siyabona Paul Musithu, was satisfied with the documents filed and heard both appellant and respondents’ submissions.
The court noted the two were uniquely distinct entities which must not be confused as one, ruling that the bonafide owner of the land was Mupamombe Housing Project (MHP).
“Whereupon, after reading documents filed of record and hearing counsel, it is ordered that Mupamombe Housing Project and Mupamombe Housing Cooperative Society Limited are two different entities,” reads part of the ruling.
“Mupamombe Housing Project is the bonafide owner of a certain piece of land known as Mupamombe lngezi Kadoma.”
Justice Musithu decreed the respondent, who is unjustifiably laying claim to the disputed property, to henceforth stop parceling out stands.
“The respondent and all those holding it are hereby barred and interdicted from selling applicant’s stands at Mupamombe lngezi Kadoma,” said Justice Musithu.
Interestingly, the losing cooperative was only registered on the May 13, 2019, which was 17 years after the appellant’s organisation was formalised in 2002.
Speaking to News team, MHP Secretary, Munashe Chidyamazana, said his organisation was happy the legal battle had been resolved to pave way for massive infrastructural development for the greater good of the Kadoma community.
“As an organisation we are very happy to have successfully sued the party illegally claiming ownership.
“The verdict is out and the world must be informed of the correct position that we are the bonafide owner of the land where we intend to sell stands for infrastructural development to complement government in housing provision,” said Chidyamazana.
MHP was established in 2002 with the objective of ensuring that low income earners, including civil servants, acquire residential stands. Phase 1 of the project saw 610 beneficiaries allocated stands while Phase 2 created 236 stands. An unquantified number got land under Phase 3 and under Phase 4 a total 100 residential stands will be rolled out.
Source NewZimbabwe
