Mama Mafuyana Housing Cooperative (MMHC) cited Nyasha
Chikwinya, Susan Sibanda, Jacob Madhanganyi, Honest Nyamaka and Munyaradzi
Zimunya as respondents.
They want Chikwinya and the others stopped from developing
and selling the land until the ownership dispute is settled by the High Court.
The court heard that there is a long standing dispute
between MMHC and Chikwinya over the piece of land called the remainder of Glen
Forest, Borrowdale Estate, Goromonzi District, which is subject to litigation.
Chikwinya and her colleagues had started developing the
land, building roads, pegging new stands and putting up structures.
“The first respondent, despite full knowledge of this
property being subject of litigation, has hired the services of the second to
fifth respondents to develop the land in dispute by grading the roads,
trenching, pegging new stands and putting up structures which do not conform
with the survey diagram,” reads the application.
“This action by the respondents flies directly in the face
of a pending matter relating to the ownership of this piece of land.”
MMHC said it stood to suffer more if Chikwinya and her team
are left to continue with the land development
“The applicant has a well-grounded basis for believing that
it will suffer irreparable harm if the interdict is not granted in that if left
to develop and sell the stands, it will be difficult if not impossible to
recover this land in question from the people who would have innocently
purchased them.
“The court has to weigh the potential prejudice to the
applicant if the interdict is refused against the potential prejudice to the
respondents if the interdict is granted. “If the prejudice to the applicant is
greater, the balance favours the applicant.” Daily News
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