Yeukai Karengezeka Court Correspondent
Harare City Council was recently ordered by the High Court to restore the possession of stands on Shawasha grounds to its business partner Consortio International Zimbabwe.
The provisional order was granted by Justice Manzunzu.
“That pending the return and finalization of this matter, applicant (Shawasha Business Complex (Pvt) Ltd) is hereby granted that the respondent (City of Harare) is hereby ordered to restore vacant possession of stands 19854,19855,19856 and 19857 Harare Township of Salisbury township lands otherwise known as Shawasha grounds to the applicant within 48 hours upon the service of this order,” reads part of the order.
This comes after Shawasha Business Complex had filed an urged chamber application for spoliation and a declaratur to remain in possession of the stands in question.
The applicant is a joint venture company between Harare City Council and Consortito International Holdings whose business is the construction and operation of a flea market and shopping complex at the four stands on Shawasha grounds in Mbare.
According to Jaffar Krisht, the director of Consortio International said in his founding affidavit that since February last year the Shawasha Business Complex has in peaceful possession of the property after the two parties signed shareholders agreement.
However, the local authority forcefully dispossessed them without the applicant’s consent on April 21, 2020.
The company’s security personnel tried to resist the unlawful dispossession but it failed to do so.
The local authority entered into the place with earth moving machines to work on the property for reasons unknown to its partner.
“The occupation of the property by the respondent was not supported by an agreement … The acts amount to self-help by the respondent through eviction from a property without a legal basis and without following due legal process,” said Krisht in his court papers.