THE High Court in Harare has dismissed an application by 840 house owners in Msasa Park and Chadcombe suburb, who had sought to have the land on which their properties are built transferred to their names without paying market prices.
According to Paina Machidza and others, the land in question was donated to Zanu PF Mukuvisi Tashinga district through one Charles Mike, who was at the material time one of its directors.
The donation is alleged to have been meant to empower homeless members of the party in the district and it was accepted on November 27, 2012, while the logistics to engage the surveyor-general were initiated.
Msasa Park (Pvt) Ltd, the respondent, however, argued that the land was never donated to the district, but to the Zanu PF Harare province.
The respondent reportedly tendered an affidavit from Zanu PF Harare chairperson Goodwill Masimirembwa distancing the party from the donation.
In her ruling, High Court judge Justice Emelia Muchawa said there were no supporting affidavits from all the applicants, save for only three.
On the other hand, some of the alleged applicants filed affidavits distancing themselves from the application alleging their signatures were forged.
“They confirm to have bought their pieces of land from illegal land barons and that they were willing to regularise their occupation and pay the real owner of the stand.
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“I upheld the points in limine that the applicants have no locus standi to bring these proceedings that the claim has prescribed and that there are material disputes of fact incapable of resolution on the papers,” Justice Muchawa said.
“There is no point in dealing with the last point raised by the respondents, that there are only three applicants before the court.
“Whichever way one looks at the matter, it suffers one fate, which is dismissal. Costs follow the cause. Accordingly, I order that, the matter be and is hereby, dismissed with costs,” Justice Muchawa ruled.
