Zimpapers Logo

Fidelis Munyoro Chief Court Reporter
The wrangle for control of a piece of land in Pomona, Harare, pitting property and infrastructure development firm Augur Investments and the Government has been settled after both parties compromised their rights and agreed terms putting the matter to rest.

Augur Investments won the battle for control of the land in 2016 at the High Court, but the Local Government, Public Works and National Housing ministry under the stewardship of exiled former minister Saviour Kasukuwere defied the court order to hand over the space claiming that it had been acquired irregularly.

The High Court had in December 2016 ordered that Chinese company XGMA, the Local Government Ministry and Urban Development Corporation (Udcorp) stop sub-dividing and selling land at Stand 654 of Pomona Township measuring 250 hectares which Augur lawfully received from Harare City Council as part of the payment for various projects it carried out for the local authority under a written agreement.

Justice Clement Phiri declared that what Kasukuwere and his co-respondents did was resorting to “self-help and with impunity and total disregard of the law”.

The judge also noted that Augur Investments was given stand number 654 Pomona by council as payment for construction of the now Robert Gabriel Mugabe International Airport Road.

The refusal by Kasukuwere to comply with the court order resulted in the battle between the parties escalating, with Augur suing the former minister for contempt of court.

However, the dispute came to an end recently when Augur Investments and Udcorp entered a deed of settlement.
According to the deed of settlement Udcorp agreed to have all and any existing agreements of sale that either it or the ministry had carried out on the piece of land nullified.

“The first respondent confirms it has refunded all monies owed to any purchasers of the stands identified in . . . and further that there are no liabilities whatsoever relating to Stand 654 Pomona Township . . . or any subdivision thereof,” read part of the Deed of Settlement.

“The first respondent has no pending sales and no longer has a mandate to dispose of the said stands in light of the provisions of the court orders under case numbers SC782/16 and SC 803/17 and will not engage into any further transaction on the said property unless otherwise engaged in such capacity by applicant by way of agreement.

“Should there be any claims arising from sales by the respondents or any costs related thereto, the said respondents will be liable and hereby releases and indemnify the applicant against such claims.”

Udcorp and Mr Bright Madzvova guaranteed to Augur Investments that they were not indebted to any purchasers for any claims relating to the piece of land. The deed which was reduced into a court order became effective and binding on both parties immediately after signing the document.

When he reversed the land deal, Kasukuwere argued that the deal was concluded corruptly in 2010 between the then city fathers led by Harare Commission chair Mr Michael Mahachi and his predecessor and ex-Minister Dr Ignatius Chombo.
But Augur averred that it never dealt with Mr Mahachi, but the then town clerk who was in that position when the deal was clinched.