Online Reporter
Yeukai Karengezeka-Chisepo
Court Correspondent
Harare High Court has ruled in favour of Capevalley Private Limited, ordering the Norton Town Council to issue the company a development permit for the property known as Lot 34, Swallowfield of Johannesburg, Norton.
The judgment, handed down after reviewing the documents and hearing counsel, marks the resolution of a long-standing dispute that had stalled development on the 60,47-hectare property for several years.
According to court records, Capevalley Private Limited, a land development company that was represented by its legal and compliance officer, Mr Tafadzwa Ngoro, was initially issued a development permit by the Norton Town Council on May 5, 2018, to carry out construction and development works on the property.
The permit was valid for five years. However, progress was derailed due to a legal dispute involving the property’s landowners, the Chiduku siblings, under case number HCH 7709/22.
The High Court dismissed the Chiduku siblings’ case on February 26, 2025, removing the legal impediments that had stalled the project.
Following this ruling, Capevalley re-applied for a development permit on February 27, 2025, to allow resumption of work on the property.
Despite this, the Norton Town Council failed to respond to the application or provide reasons for not issuing the permit, prompting Capevalley to file an application for a compelling order.
In its ruling, the court noted that Capevalley had a legitimate expectation for the permit to be re-issued, especially given that the initial delay was caused by a legal battle beyond the company’s control.
The court also acknowledged that the company had invested significant resources in the development project and that further delays or refusal to re-issue the permit were unjustified and prejudicial to the applicant.
The court emphasised that the Norton Town Council had no viable reason to deny the permit and ordered it to comply, ensuring that Capevalley can finally resume and complete the development works.
No order as to costs was made in this case. This ruling is expected to pave the way for the completion of the much-anticipated development project, which had been on hold for several years.
