Family members clash over High Court order High Court Judge Justice Webster Chinamhora barred the City of Kwekwe from terminating the lease agreement and stopped it from selling the stand. 

Herald Reporter

THE Chiduku family, which is into land development and owns part of Hartely known as Swallowfield in Johannesburg, Norton, has cleared the air on the sale of residential stands and its relationship with two other firms selling the same pieces of land.

The siblings, Isaac, Noreen and Joconiah Chiduku have since distanced themselves from the two firms – Drowack Investments (Put) Limited and Capevalley Properties (Pvt) Limited, which are allegedly conniving with their other sibling Mr Amos Chiduku.

The piece of land is part of their late father, Tapfumaneyi Mushore Chiduku’s estate.

It is alleged that the two firms were advertising and selling residential stands without their mandate.

The Chiduku family indicated that the Drowack Investments and Capevalley Properties were selling the residential stands against a provisional High Court granted by Justice Moses Foroma in March this year.

According to the High Court provisional order, the two firms were interdicted from collecting any sale proceeds of any stand directly or indirectly through any third parties pending the final determination of the matter by the Supreme Court.

“We had an agreement with Drowack Private limited to do development on our land, however, we parted ways with Drowack after having realised that the developer started to sell stands against our agreement.

“During their time of service, Drowack introduced Capevalley as an agent to sell the 49 stands, but they ended up selling 172 stands.

“Last year, we later on enquired with the Estates Agents of Zimbabwe, who confirmed that Capevalley was not a registered estate agent.

“Drowack was not allowed to sell stands until work was done and completed, but it started to selling stands without the landowners’ approval and against what had been agreed upon,” said the Chiduku siblings.

The siblings indicated that it contracted Drowack Investments to develop the ground in 2018 and was supposed to complete Phase 1 in December 2020.

They said Drowack Investments was yet to complete work in Phase 1 yet it has been selling stands in other phases.

“They sold stands in Phase 1 to Phase 2 and they are now selling in Phase 3 and Phase 4.

“Drowack Investments is not authorised to sell any stands,” they said.

The siblings said they cancelled the contract with Drowack Investments on October 31, 2022.

“We want to make it clear that Swallowfield is a property that belongs to the Chiduku family and no any other company owns the property.

“We are facing a lot of legal fights with various interested parties, who are aiming to dismantle our family and take our property through various scrupulous means.

“We want to make it clear that all Swallowfield business is handled sorely by the Chiduku family or in some cases by our legal representatives.

“Capevalley was a real estate agent who was supposed to sell 49 stands after being given a mandate by Swallowfield landowners.

“Capevalley later went out of its way to sell more than what was allocated to it,” it said.

Mr Innocent Sindika from Drowack said that they are still working with Swallowfield and that no contract was terminated.

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