Association loses case

Association sought to bar Chitungwiza Municipality from reselling land formerly allocated to the association’s members.
The traders took council to court after it started re-pegging and reselling the land they had developed with their own money.
They claim to be the owners of the land since 2006.
Justice Tedius Karwi ruled that the application lacked urgency and that it was flawed with irregularities.
The association contends that council took over the land from them when land development was almost complete.
In the chamber application filed on Thursday, the traders argue that council approached them just after Operation Murambatsvina in 2005.
It was stated in the papers that council offered the traders stands on condition that they service them and operate in an orderly manner.
The association’s members contributed money and commenced servicing.
According to the agreement, it is claimed, any member who failed to contribute towards servicing would have their stands recommended for repossession.
The defaulters’ stands would be sold and the money surrendered to the association.
Traders claim that they paid for land surveying by the Surveyor General, built roads, public toilets, dug trenches for sewer reticulation and bought pipes and other equipment.
In 2009, the association recommended repossession of 17 stands belonging to members who failed to contribute towards development in terms of the agreement.
However, in an alleged breach of the agreement, council sold the stands for at least US$2 000 each and pocketed the money instead of surrendering it to the association.
It is alleged that council has started re-pegging and re-allocating stands owned by the association’s members to other people.
Council, according to the court papers, has taken over servicing of the stands.
“The applicant has completed major servicing tasks mandated by council through funds contributed by its members on a monthly ba- sis.
“What is only outstanding now is the laying of pipes as well as surfacing of roads with tarmac.
“It is trite to mention that the applicant will suffer irreparable harm if the state of affairs is allowed to continue for council is creating nothing short of chaos because of the double ownership,” read the papers.
The actions of the municipality were described as malicious and should stop with immediate effect.