TWELVE beneficiaries of residential stands being developed
by the late Vice-President Dr Joshua Mqabuko Nkomo’s family have gone to court
over the family’s alleged failure to service their stands and provide title
deeds.
The 12 families, who bought the residential stands between
2002 and 2005, said despite having fully paid for the properties, ANZAC
Investments, a company owned by the Nkomo family and led by Dr Nkomo’s daughter
Ms Thandiwe Nkomo, has not yet serviced the area in breach of the agreement of
sale entered between the parties.
Peter Anthony Johnson, Ryan Campbell Johnson, Courtney
Johnson, Bekezela Ndlovu, Rosemary Ndlovu, Vuyani Ndlovu, Barnabas Dube,
Agnella Maphala, Busiso Maphala, Edson Maporisa, Pretty Maporisa and Zinhle
Ndlovu, through their lawyers Vundhla-Phulu and Partners, filed summons at the
Bulawayo High Court citing ANZAC Investments and its director, Ms Nkomo, as
defendants.
They want an order directing the defendants to comply with
the terms of the agreement of sale by transferring the properties into their
names.
The plaintiffs also want the defendants to service the area
by connecting a water reticulation system and constructing access roads in line
with the provisions of the subdivision permits issued by the Bulawayo City
Council.
The lawyers said despite their clients having finished
paying for the properties, the defendants have neglected and failed to transfer
the stands into their names in violation of the terms of the contract.
“ANZAC Investments breached the agreements of sale by
failing and neglecting to fulfil the conditions imposed by the Bulawayo City
Council to provide a reticulated water supply to the properties concerned from
the city’s water reticulation system and piped culverts to the entrances of the
properties as well constructing access roads to the specification approved by
the city’s director of engineering services,” said the lawyers.
“The second defendant (Ms Nkomo) acted unlawfully and with
gross negligence when upon receipt of funds by ANZAC Investments, she failed to
ensure transfer of the respective stands to the purchasers some of whom have
since developed the stands and are now residing on those plots without title
deeds.”
The plaintiffs also want the defendants to pay the legal
costs. The defendants are yet to respond.
In October 2016, Ms Nkomo indicated that Anzac Investments
was struggling to raise close to US$5 million for the servicing of land for
constructing houses at Mqabuko Heights.
The project involved the development of two upmarket
suburbs — Mqabuko Heights and Whitestone — comprising of residential stands,
open spaces, a commercial centre, primary and secondary school sites.
Ms Nkomo, at the time, told council that the company wanted
to engage the municipality or a private player in a joint venture in selling
the remaining stands. Council, however, rejected her request, saying it was
going to set a wrong precedent. Chronicle
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