HH 368-18 MATHIAS MUCHINGA versus HOUSING DIRECTOR and Ors

MATHIAS MUCHINGA

versus

HOUSING DIRECTOR

and

HARARE CITY COUNCIL

and

LOICE RUZVIDZO

and

YONA MUTEPUKA

and

JAMILI RAZOR

 

HIGH COURT OF ZIMBABWE

MUSHORE J

HARARE, 28 May 2018 & 4 July 2018

 

Civil Trial

M. Chigwadza, for the plaintiff

C. Kwaramba, for the 1st and 2nd defendants

 

 

            MUSHORE J: The plaintiff is suing the first and second defendants for the allocation of immoveable property comprising of 4 houses situated on Stand Lot 4, Grubbie Park, Waterfalls; or in the alternative, the market value of those properties. Plaintiff is also suing second, third, fourth and fifth defendants for the recovery of rentals on 3 of the houses at the rates of US$400, US$500 and US$600 respectively; in addition to seeking vacant possession of those three houses.

The facts giving rise to the plaintiff’s claim (according to the plaintiff) are that in August 1996, plaintiff was approached by some Iranian businessmen who were accompanied by an official from the Zimbabwe Building Society, intending to engage to construct 4 demonstration houses. Plaintiff alleged that he was informed that the intention was to embark upon the construction of 10000 housing units, if and when the demonstration houses which plaintiff was to build were approved by the second defendant (The Harare City Council). Plaintiff alleged that he was furnished with site and house plans by the Iranians. Apparently those site and house plans had already been approved by the City of Harare. In addition the 

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