HH 243-18 JOHANE MASOWE VADZIDZI VAJESU (APOSTLES OF CHRIST) CHURCH versus UNITED WE STAND MULTI-PURPOSE CO-OPERATIVE and Ors

JOHANE MASOWE VADZIDZI VAJESU (APOSTLES OF CHRIST) CHURCH

versus

UNITED WE STAND MULTI-PURPOSE CO-OPERATIVE

and

FREDERICK MABHAMBA

and

CHITUNGWIZA MUNICIPALITY

 

 

HIGH COURT OF ZIMBABWE

MUSAKWA J

HARARE, 8 and 27 March 2018 & 16 May 2018

 

 

Opposed Application

R. J  Gumbo, for the applicant

F. Chinwawadzimba, for the 1st & 2nd respondents

 

 

MUSAKWA J: This is an application for a declaratory order, an interdict and an order for the eviction of members of the first respondent from the houses, stands and shops they presently occupy, and costs of suit on a higher scale as against the first and second respondents.

According to the applicant, in 2004 it applied for land on which to construct a clinic and it was allocated stand number 21325 Seke on a lease basis. The lease commenced on 1st September 2009. The second respondent was contracted to service the stand through one of the applicant’s branches. The second respondent was expected to apply for change of land use and for a development permit. The first respondent’s members subsequently occupied the land after the second respondent sold them some stands. No subdivision permits were issued by the third respondent. The applicant failed to engage the first respondent on account of interference by the second respondent.

Annexed to the founding affidavit are a supporting affidavit deposed to by the applicant’s branch leader for Ijuweti J Church, Chitungwiza, a resolution by the applicant’s board of executives, constitution of the applicant, memorandum of agreement between Ijuweti  Church and Chitungwiza Municipality in respect of the lease of stand 21325, investigation report by Chitungwiza Municipality and other supporting documents.

 

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2018