Fidelis Munyoro
Chief Court Reporter
The High Court has barred the construction of 23 double-storey cluster housing units at a Borrowdale property pending the final determination of a review application challenging the development permit.
Justice Neville Wamambo granted an interim interdict barring Ms Jane Faith Makoni, her successors in title, agents, appointees and employees from carrying out or continuing with the development at Lot 11 of Lot 17C of Borrowdale Estate, commonly known as No. 8 Hedsor Drive, Borrowdale, Harare.
The court also ordered Ms Makoni to pay the applicants’ costs on the ordinary scale.
The application was brought by Glenbeach Investments (Private) Limited and Leigh Ann Patricia Rudland, who are challenging a development permit issued in Ms Makoni’s name.
The review proceedings are pending under Case No. HCH 2294/26.
The dispute dates back to 2024 when the property was transferred from Ms Makoni to Kudwis Investments (Private) Limited.
However, the development permit remained in Ms Makoni’s name.
The applicants challenged the permit, arguing, among other things, that the City of Harare’s Works and Town Planning Committee lacked jurisdiction to grant the permit and that the development could not lawfully proceed without an environmental impact assessment certificate.
The review proceedings were initially filed under Case No. HCH 3385/25.
Justice Siyabona Musithu subsequently granted the applicants condonation and an extension of time to bring the review application under judgment number HH 330/26.
In the present proceedings, Ms Makoni argued that the applicants had no cause of action against her because she had sold the property and was living in the United Kingdom.
She also denied being involved in the construction.
Justice Wamambo, however, found that the permit remained in Ms Makoni’s name and that there was no evidence of any cession, transfer or surrender of the permit.
“A development permit is not a bearer instrument which passes from hand to hand with the title deeds,” the judge said.
The court also considered an environmental impact assessment certificate produced by Ms Makoni in her opposing papers.
The certificate, dated October 30, 2024, was issued in the name of Kingswood Agro (Private) Limited.
Justice Wamambo said Ms Makoni had not explained the relationship between Kingswood Agro, Kudwis Investments and herself.
The judge said this raised questions regarding her claimed lack of involvement in the development.
“People who are truly divorced from a project do not ordinarily arrive in court carrying its environmental documents,” he said.
Ms Makoni had also argued that the applicants’ application was not urgent because construction had started before they approached the court.
The judge rejected the argument.
The court heard that construction had stopped on two occasions after the applicants raised their concerns but resumed during the week beginning March 9, 2026.
The applicants said construction was then proceeding around the clock, including night work under floodlights.
They notified the Registrar on March 12 and issued the urgent application on March 17.
Justice Wamambo held that the applicants had acted promptly after construction resumed.
“Eight days from discovery to issue is not the tempo of a litigant asleep on his rights,” he said.
The judge also rejected an argument that the applicants had acquiesced to the development.
He said the applicants had repeatedly raised their concerns and had approached the court after construction resumed.
“That is not slumber,” Justice Wamambo said.
The court further considered the Supreme Court judgment in Magaya v Zimbabwe Gender Commission SC 105/21, relied upon.
