A rival outfit Zanoremba Housing Cooperative Society
Limited, its chairperson Mr Kalisto Masango and seven of his associates as well
as Chitungwiza Municipality, were interdicted from interfering with the
administration of the project in any way as none of them had any rights in the
project.
The others who were barred from interference were Hastancia
Musetwa, Taurai Zikwende, Erifa Chivaya, Clemence Chitsanga, Tendai Nyangande
and Elwin Tsongoro.
“This serves to call upon all people who are members of
Zanoremba Housing cooperative Society Limited or who were allocated houses or
stands by the cooperative or who had discontinued making instalment payments to
Chigumba Property Holdings at Makumbonana Building on the influence of
Zanoremba Housing Cooperative Society Limited, to decide whether to be part of
the appeal lodged by Kalisto Masango’s cooperative or to start dealing with
Chigumba Property Holdings and its sister company, Zanoremba Housing Company
Private Limited who are the bona fide owners of the property.
“If you decide to remain part of the Masango organisation
it is fine and we wait for the appeal process then deal with you in terms of
the law after finalisation of the appeal. Those who however want to distance
themselves from the Masango group and want to mend relations with the rightful
owners of the project are hereby called upon to call at Makumbonana Building to
regulate their stay at the project,” ruled the Supreme Court.
According to the court, this opportunity was only given to
people who would voluntarily come forward to register and to start paying
instalments at Makumbonana Building in Zengeza 4 to foster development in the
area.
“The defendants be and are hereby interdicted from
interfering with plaintiffs’ housing project situated at Unit L Extension,
Seke, Chitungwiza.
“The defendants be and are hereby interdicted from selling,
advertising, disposing of or in any way encumbering any of the housing stands
under Zanoremba Housing Company Private Limited housing project.
“Plaintiffs are hereby declared the sole, lawful and
legitimate owners of rights, title and interest in Zanoremba housing project
situated in Unit L, Extension, Seke, Chitungwiza on land which lies between
Manyame and Nyatsime River south of Duri stream, to the boundary of Chitungwiza
Municipality as described in the letter from the (then) Ministry of Local
Government, Public Works and National Housing dated 25 November, 2004,” said the
Supreme Court.
Tsongoro was also barred from transacting with any of the
other eight defendants in the administration of Zanoremba housing project by
opening files and entering into contracts on the project.
“Any contracts of lease signed between members of the first
defendant and the 9th defendant (Elwin Tsongoro) be declared null and void and
occupants of stands on the land in question shall only do so as members of the
plaintiff’s project and on terms and conditions agreed to with the plaintiffs.
“Any defendant who shall contest this matter to bear costs
of suit on a higher scale,” said the court. Herald
0 comments:
Post a Comment