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It was also argued that the land had originally been reserved for a hotel and a stadium, but without due notice as required by law, council had allocated it to UFI.
At the time the application was dismissed, UFI’s lawyer Mr Nickiel Mushangwe of Mushangwe and Company had filed the church’s response vowing to continue with construction despite a pending normal court application filed in July this year.
The church argues that it held a lease agreement with the municipality and everything was done above board.
Pastor Isaac Lazaro deposed an opposing affidavit on behalf of the church in which he defended the church’s position, saying construction work would continue.
He said UFI had so far spent in excess of US$1 million on the construction and millions more were yet to be spent to complete the structure.
“The third respondent (UFI) has paid for lease of the land. No one is challenging it for the land it purchased and it is in free and undisturbed possession.
“It has made developments valued at well over a million United States dollars and the building has taken shape.
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“All these developments have been happening while the applicant sat and watched only to cry on the 11th hour,” said Pastor Lazaro.
He said the church was prepared to pay damages or to provide an alternative piece of land if Mr Musundire wins the case.
“Simply put, third respondent cannot stop. If indeed applicant is right and wins the case which is a distant possibility, then third respondent can pay damages or provide alternative piece of land,” said Pastor Lazaro.
UFI, said Pastor Lazaro, was a church with a primary function of propagating the good news gospel and Christian principles, exercising healing and preaching.
He said the church resolved to look for an immovable property to accommodate its membership that is now between 40 000 and 60 000.
The church, Pastor Lazaro said, formally applied for land and Chitungwiza Town Council granted the application and the parties entered into a lease agreement.
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“I wish to point out that third respondent properly and lawfully acquired the stands in question,” he said.
UFI also argued that Mr Musundire had no legal right to file an application representing the people in his constituency by virtue of being an MP.
The church argued that the summons issued in July did not cite it as a respondent and that only council was cited, hence construction could not be stopped pending the summons that did not concern UFI.
It is the church’s belief that the construction was a blessing to the town, which is now being beautified and getting employment benefits.
The project, according to the church, has created employment for the community and council benefited from the money paid.
“Aesthetically the environment has been beautified to pristine status. (To) Our country with (a) low rate of foreign direct investment and low foreign currency inflows, this is a God-given opportunity.
“Millions of dollars will come into circulation, employment will be created,” he said.
The church argues that Mr Musundire based his application on some “dubious” council minutes that were neither signed nor stamped.
Online Reporter