Wednesday, 1 September 2021

DEMOLISHED HOUSE : MAN SUES HRE COUNCIL

A Harare home seeker has slapped the City of Harare with a US$69 000 lawsuit after his 14-roomed building was recently demolished in Mabvuku.

Ernest Muduwa claims the amount is for damages suffered after the property which he had built since 2017 on a land he and more than 400 others acquired through a Chiedza Housing Pay Scheme.

According to papers, in 2019, City of Harare advised the scheme that the stand numbers had been changed due to a new layout before Muduwa was allocated to stand 17417 Donnybrook.

However, Muduwa alleges that despite being allocated the new stand number by the local authority, the property was later demolished in November 2020.

“Muduwa built an incomplete property up to roof level, screed concrete floors, when completed it would have been a single storey comprising of 14 rooms.

“His claim is as follows, he is a beneficiary of the 500 residential stands allocated to Chiedza Housing Pay Scheme in line with the Council prevailing Housing Policy by the City of Harare.

“Despite having been allocated the stand, the City of Harare demolished Muduwa’s property alleging that it was an illegal structure and that Muduwa had no title to the stand.

“Muduwa built the demolished property with the City of Harare’s approval and knowledge,” reads the papers. Muduwa claims the demolition infringed upon his Constitutional rights.

“The demolition by the Defendant was unlawful and unconstitutional as the Defendant had no court order to effect the demolitions.

“On the 12th of November 2020 Muduwa’s property was unlawfully and unconstitutionally demolished to the ground by the City of Harare and all efforts by Muduwa to have the demolition stopped were to no avail.

“The Plaintiff was never served with a notice of intention to demolish his house from the Defendant.

“The total damages suffered as quantified by the valuers amounts to US$69 000,” reads the summons.

Muduwa prays that the court rules that the demolition was unlawful or unconstitutional and that the city be held responsible to pay him back.

Alternatively, Muduwa is preferring to be allocated another same sized stand by City of Harare.

Meanwhile, the local authority has also been accused of unlawfully planning to eject the Consolidated Farming Investments Limited which is operating at a servitude along Wynne Street.

The company claims despite an existing agreement, payments of levies and rates, the local authority without notice attended the premise with an intent to evict and eject the firm.

Both matters are pending a decision of the court. H Metro

0 comments:

Post a Comment