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Municipal Reporter
A Harare couple has approached the Civil Court seeking to evict a man from a stand they claim to have bought in Crowhill Views, Borrowdale. Tafadzwa and Dadirai Mahembe through their lawyers Matsikidze and Mucheche are seeking to evict Collin Mutizira from stand number 4210 Crowhill Views, which they say he was illegally occupying.

The couple has cited Crowhill Farm (Pvt) who sold the property to them as the second respondent, while Property Barons Real Estate, the agent involved in the sale agreement of the property is cited as the third respondent.

In its founding affidavit, the couple argues that it is the lawful and registered owner of the land being an undivided 0,00298 percent share of No 4210 which is situated on Lot J of Borrowdale after paying US$7 500 to Crowhill Farm in August 2012.

“It was a term of the agreement that occupation and possession of the property shall pass to the plaintiffs upon registration of the transfer into their names.

“However, the property is being occupied by the first defendant (Mutizira) who has no right to be in such occupation from the plaintiffs who are the owners of the property.

“The first defendant has failed, refused or neglected to give plaintiffs’ occupation and possession of the property despite the fact that the plaintiffs are the registered owners of the property,” argued the couple’s lawyers.

The lawyers argued that the couple enjoy personal rights over the property by virtue of the agreement of sale of the property between them and Crowhill Farm hence the entitlement to the order they were seeking.

The couple is seeking an order to evict Mutizira and/or his proxies or persons claiming occupation through him from the property to pave way for their undisturbed occupation and possession of the said property.

The couple, that has already sent summons to Mutizira, wants him to pay for the cost of the suit.