Fidelis Munyoro
Chief Court Reporter
Grace Communications (Private) Limited has won a court battle to reclaim control of a 12,6-hectare property in Borrowdale after the High Court ordered the Government to reverse its allocation to another company, ruling that the land could not be allocated to a new beneficiary while an existing title deed remained uncancelled.
Judge President Isaac Muzenda confirmed a provisional order protecting Stand 163, Quinnington Township 4, Borrowdale Estate and declared null and void the allocation of the property to Bluegen Consultants (Private) Limited by the Ministry of Local Government and Public Works.
The court also ordered the Permanent Secretary in the ministry to reverse the allocation forthwith, bringing Bluegen’s claim to the property into question and stopping further subdivision, development or disposal of the land.
The dispute arose in May this year when Grace Communications discovered that Forit Contracting (Private) Limited was clearing the property.
When confronted, Forit said it was carrying out work under a contract from Bluegen, which claimed to have received a Government offer letter for the land.
Grace Communications challenged the activities, producing Deed of Transfer No. 01570/2004, which records the company as the owner following a purchase in December 2004 for $120 000.
The Government and Bluegen disputed the deed’s authenticity, arguing that it could not be traced in the Deeds Registry.
The Government maintained that the property was State land allocated to it by the City of Harare in 2013 before being allocated to Bluegen.
But Justice Muzenda rejected the argument that the absence of a registry record was sufficient to invalidate the deed.
The judge noted that the document contained details of the conveyance, including the authorised appearer, purchase price, transfer particulars and references to earlier deeds and survey records.
“If Annexure B was forged or doctored then it is unique in my view for reflecting all components that speak of a valid deed,” Justice Muzenda said.
The court also questioned the reliability of a letter allegedly written by an official in the Deeds Registry disowning the document. The judge noted that the letter was neither authenticated nor supported by a sworn statement.
“It is, therefore, not adequate to allege disturbingly that the title deed was forged when it reflects officers of this court who are registered conveyancers,” the judge said.
Justice Muzenda further held that the deed had not been cancelled by an order of a competent court, making Grace Communications’ claim to ownership enforceable.
“I, therefore, come to a conclusion that the applicant has clearly established that it has an unassailable clear right which it seeks to be protected though an action for an interdict,” the judge ruled.
The court found that refusing the interdict would expose Grace Communications to losing its investment in the property, while Bluegen’s prejudice would largely be limited to being prevented from subdividing and servicing the land for prospective buyers.
Justice Muzenda said the balance of convenience favoured preserving the position that had existed since the registration of the deed in December 2004.
The final order prohibits Bluegen and Forit, including their employees, agents and assignees, from interfering with Grace Communications’ rights through selling, alienating, utilising or disposing of the property.
The judge also declared the Government’s allocation null and void ab initio.
Each party was ordered to bear its own legal costs.
