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
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