adminChiyangwa and Harare City Council interdicted from carrying out maintenance work at a property in the area.
Justice Annie-Mary Gowora ruled that the application by the trust that had secured 1 250 signatures from residents was not urgent and directed that they should follow normal procedures. In their argument, the residents had argued that Mr Chiyangwa through his firm, Kilima Investments and city fathers were not conducting maintenance work as they claimed but were disturbing the eco-system.
RELATED
They had submitted that Mr Chiyangwa had erected a fence altering the environment as the area was a wetland and greenbelt.
But in her judgment delivered recently Justice Gowora said the residents had failed to prove that the matter was urgent as they had observed the activities forming the basis of their complaints in March this year but only approached the court in July this year.
According to High Court rules, said the judge, allowing a litigant to file an urgent application accords him a considerable advantage over others who would have filed in the ordinary course.
“To treat this matter as urgent would result in the applicant leapfrogging other litigants whose matters are awaiting their turn. That would be unfair,” said Justice Gowora.
She noted that the trust had placed emphasis on the alleged irreparable harm that would be occasioned to the eco-system if the respondents were allowed to develop the park.
Online Reporter