Online Reporter
Nyore Madzianike, Senior Reporter
A CHINESE tile manufacturing firm, Sunny Yi Feng Tiles (Pvt) Limited, is facing eviction from a piece of land it allegedly invaded in 2024 and built its manufacturing plant in Whitecliff Farm in Harare.
This was after the rightful owners of the piece of land, Pfugari Properties, last week successfully applied for an eviction order at Harare Civil Magistrates Court.
Pfugari Properties, through its lawyers Nyikadzino, Simango and Associates, approached the court claiming that the tile manufacturing company had set up its plant at stand No. 10139 Whitecliff Township, without its knowledge or agreement.
It also claimed that it never entered into a contractual agreement with Sunny Yi Feng Tiles (Pvt) Limited to occupy the piece of land.
In its claim, Pfugari Properties wanted Sunny Yi Feng Tiles (Pvt) Limited and its other related occupants to vacate the premises.
“Plaintiff is the lawful owner of stand No. 10139 of Whitecliff Township of Whitecliff, it is the holder of title under Deed No. 10444/2000.
“Plaintiff and Defendant have no contractual relationship be it purchase agreement or lease agreement.
“However, sometime in the year 2024, Defendant took the law into its own hands and unlawfully took occupation of Plaintiff’s property without Plaintiff’s consent in breach of Plaintiff’s property rights.
“The Defendant has no lawful right to take occupation and/or to invade Plaintiff’s property as it did, hence it ought to vacate the commercial premise and restore peaceful possession of the property in question to Plaintiff.”
Pfugari Properties indicated that it has made many attempts, including engaging police, to remove Sunny Yi Feng Tiles (Pvt) Limited from the piece of land, but failed, as the company resisted.
“Despite several demands from Plaintiff which include reporting the criminal conduct by Defendant to police, Defendant has refused, neglected and/or denied to vacate the premises.”
Sunny Yi Feng Tiles (Pvt) opposed to Pfugari’s application, contending that the Harare Civil Magistrate has no jurisdiction to hear Pfugari’s claim.
The tile manufacturing company also acknowledged that it had no title deeds to the piece of land.
Magistrate Mr Lazini Ncube ruled that by virtue of Pfugari having title deeds to the piece of land, it was therefore the rightful owner of the property.
Mr Ncube indicated that the court has since evicted another illegal occupier from the same piece of land.
“It is therefore clear that by virtue of the title deed, the applicant is the owner of the property.
“The owner of the property has a right to vindicate its property through whoever is in possession of the same.
In the present matter, the respondent is in possession of the property.
“That possession is without the consent of the applicant.
“In such circumstances, the applicant has the right to vindicate its property.
“It is therefore clear that the applicant has proved its case on a balance of probabilities and the Respondent has failed to demonstrate what its defence is to the claim apart from raising points in limine such as lack of jurisdiction, which does not dispose of the matter in the circumstances,” he ruled.
Mr Ncube then ruled that Sunny Yi Feng Tiles (Pvt) Limited vacate the piece of land.
