Supreme Court ends housing dispute

Herald Reporter

The Supreme Court has ruled that Chigumba Property Holdings and its sister company, Zanoremba Housing Company (Pvt) Ltd, are the owners and legal rights holders of a housing project in Unit L, Seke, Chitungwiza.

A rival outfit Zanoremba Housing Cooperative Society Limited, its chairperson Mr Kalisto Masango and seven of his associates as well as Chitungwiza Municipality, were interdicted from interfering with the administration of the project in any way as none of them had any rights in the project.

The others who were barred from interference were Hastancia Musetwa, Taurai Zikwende, Erifa Chivaya, Clemence Chitsanga, Tendai Nyangande and Elwin Tsongoro.

“This serves to call upon all people who are members of Zanoremba Housing cooperative Society Limited or who were allocated houses or stands by the cooperative or who had discontinued making instalment payments to Chigumba Property Holdings at Makumbonana Building on the influence of Zanoremba Housing Cooperative Society Limited, to decide whether to be part of the appeal lodged by Kalisto Masango’s cooperative or to start dealing with Chigumba Property Holdings and its sister company, Zanoremba Housing Company Private Limited who are the bona fide owners of the property.

“If you decide to remain part of the Masango organisation it is fine and we wait for the appeal process then deal with you in terms of the law after finalisation of the appeal. Those who however want to distance themselves from the Masango group and want to mend relations with the rightful owners of the project are hereby called upon to call at Makumbonana Building to regulate their stay at the project,” ruled the Supreme Court.

According to the court, this opportunity was only given to people who would voluntarily come forward to register and to start paying instalments at Makumbonana Building in Zengeza 4 to foster development in the area.

“The defendants be and are hereby interdicted from interfering with plaintiffs’ housing project situated at Unit L Extension, Seke, Chitungwiza. 

“The defendants be and are hereby interdicted from selling, advertising, disposing of or in any way encumbering any of the housing stands under Zanoremba Housing Company Private Limited housing project.

“Plaintiffs are hereby declared the sole, lawful and legitimate owners of rights, title and interest in Zanoremba housing project situated in Unit L, Extension, Seke, Chitungwiza on land which lies between Manyame and Nyatsime River south of Duri stream, to the boundary of Chitungwiza Municipality as described in the letter from the (then) Ministry of Local Government, Public Works and National Housing dated 25 November, 2004,” said the Supreme Court.

Tsongoro was also barred from transacting with any of the other eight defendants in the administration of Zanoremba housing project by opening files and entering into contracts on the project. 

“Any contracts of lease signed between members of the first defendant and the 9th defendant (Elwin Tsongoro) be declared null and void and occupants of stands on the land in question shall only do so as members of the plaintiff’s project and on terms and conditions agreed to with the plaintiffs. 

“Any defendant who shall contest this matter to bear costs of suit on a higher scale,” said the court.

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