The Mzembis have approached the High Court seeking an order
directing Grace’s sister, Shuvai Gumbochuma and a relative, Farai
Mashonganyika, to compensate them or give them back the stands namely Numbers
91 and 228 Carrick Creagh, Borrowdale, which are valued at US$900 000.
A housing co-operative alleged that Grace arm-twisted its
officials into allocating the stands to her two relatives.
Sally Mugabe Heights Housing Co-operative, Arosume Property
Development (Pvt) Ltd, the developer, Gumbochuma, Mashonganyika and Local
Government minister July Moyo were cited as respondents in the application.
The Mzembis are demanding payment in the sum of US$900 000
or its equivalent in local currency being the present market value of stands
which plaintiffs were allocated by the housing co-operative after they paid
their fees and development and service charges in full.
In her affidavit, Ankomah said in November 2004, they
joined Sally Mugabe Housing Co-operative which was developing land in Carrick
Creagh.
She said she paid the development costs in full which
amounted to US$78 572 the plaintiffs were allocated two stands, namely 276 and
277 in January 2007.
The housing co-operative on various occasions, the latest
being through a letter dated April 30, 2021, confirmed that the plaintiffs paid
the membership fees, all service and development costs for the two stands in
full.
After a re-numbering exercise done by Arosume Property
Development, which took over from the original developers, Exodus Development
Consultancy, the plaintiffs’ stand numbers were changed to 91 and 228. The housing
co-operative advised the plaintiffs about the changes in a letter dated June
10, 2007.
Stand 91 is 8 003 square metres and stand 228 is 12 098 square metres.
“Contrary to the position that the plaintiffs had fully
paid for the service charges and development costs of the stands, on October
17, 2011, Arosume furnished the plaintiffs with a bill in the sum of US$57 762
for each stand. Nevertheless, the plaintiffs continued to dispute the new
charges that were being levied. Upon further investigation the plaintiffs
discovered that their stands had since been occupied by Gumbochuma and
Mashonganyika. Moreover, the Local Government minister had issued the
plaintiffs with title deeds.
“This was despite the fact that the lands in question were
acquired through the Ministry of Rural and Urban Development and the stands
were not part of the commonage, but belonged to Sally Mugabe Heights
Co-operative,” Ankomah submitted.
“As such, there is a possibility that the transfers were of
a fraudulent nature especially considering that both the Housing Co-operative
and Arosume deny recommending the two to be given title deeds by the Minister
of Local Government.
“The plaintiffs suspect that Arosume’s demand for more
development fees was in an effort to discourage them from pursuing their
properties and mask the corruption involved in swindling the plaintiffs of the
stands. This is further emphasised and to reduce the asking price of
development fees to US$20 per square meter.” Newsday
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