Crowhill Farm in eviction U-turn

Daniel Nemukuyu Senior Court Reporter
Crowhill Farm (Pvt) Ltd last week made a U-turn and withdrew a High Court application in which it sought eviction of Mrs Florence Pambukani from prime land measuring 845 hectares at Borrowdale Estate in Harare. Mrs Pambukani, according to her opposing papers, argued she was duly given the land by the Sheriff of the High Court pursuant to a court order that declared her the legitimate property owner.

The land, Mrs Pambukani said, had since been subdivided into smaller individual stands and the new stand owners now held their own title deeds.

Mrs Pambukani argued that the deed of settlement relied upon by Crowhill Farm (Pvt) Ltd had since been overtaken by events and that the application should be thrown out.

Harare lawyer Mr Emmanuel Samundombe of Samundombe & Partners represented Mrs Pambukani, while Manase & Manase Legal Practitioners acted for Crowhill Farm.

Crowhill Farm on August 31 this year filed an urgent chamber application at the High Court seeking the eviction of Mrs Pambukani and any of her agents or clients occupying 121 hectares of land at Chirika Extension of Borrowdale Estates and others at Lot J of Borrowdale Estate measuring 724 hectares.

While the application was pending, Mrs Pambukani filed her opposing papers on September 6 this year.

Just before the court hearing, Crowhill Farm made a U-turn and withdrew the urgent chamber application.

The notice of withdrawal dated September 6, 2017, filed by Manase & Manase reads: “Take notice that the applicant hereby withdraws its application. Further take notice that applicant hereby tenders wasted costs.”

The development means Mrs Pambukani and other people occupying the land through her, can continue staying there without the troubles of a pending challenge.

Mrs Pambukani had also argued that the matter was not urgent.

“The respondent, contrary to the allegation by the applicant, has been in occupation of the said property since 2008 when she was given vacant possession of the property by the Sheriff of this Honourable Court in pursuant to a court order granted in her favour under HC266/04 as a director of Crowhill Company (Pvt) Ltd,” reads her opposing affidavit.

She accused Crowhill Farm of concealing vital information from the court with an intention to mislead it.

“The land being referred to as Chirika Extension of Borrowdale Estate measuring 121 hectares, and Lot J Borrowdale Estate measuring 724 Hectares, no longer exists,” reads her opposing papers.

“Of these various subdivided portions, the Respondent (Mrs Pambukani) is the owner of parts of them through purchases of same and on others as payment for work done as a developer.

“In light of the development, it is not clear as to which portion of land, or subdivisions exactly is the applicant referring to.”

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