Court stops Chegutu Flying Pot demolition

Mathew Masinge

CHILDREN of the late Edward Nyanyiwa, who was behind Chegutu’s famous Flying Pot Restaurant, have been ordered to stop demolishing the monument.

This comes after two sons, from different mothers, have been fighting over the ownership of the now dilapidated structure.

The structure’s roof was even recently razed down by fire.

The Chegutu Municipality wrote to the family notifying them that they had to act on the building, which is along the Harare-Bulawayo highway.

One of the sons, Stephen Nyanyiwa, then went ahead to destroy some of the remaining walls, an effort to cleanse the structure and build a modern one.

This did not go down well with the other son, Edward Nyanyiwa Junior, who claims he inherited the property from the late businessman and was even installed as co-director of the restaurant.

Edward Junior then filed an urgent chamber application at the High Court to stop his brother’s actions.

He argued he had plans to refurbish the structure and was even paying security services to man the structure.

“There was no need for Stephen to demolish the walls, under the guise of cleansing, since only the roof had been razed by the fire, leaving the walls intact and usable.

“Any decision, over the property, should be done with the consent of, and in consultation, with all the beneficiaries,” said Edward Junior in his papers.

Stephen had counter-claimed that Edward’s founding affidavit before the court was defective and he could not act on behalf of their late father’s company.

However, Justice Priscillar Bachi-Mzawazi said she was convinced by Edward’s arguments.

“Edward Junior has also demonstrated that the demolition is an injury actually committed and continuing, as Stephen clearly stated that they want to destroy the whole property and put in its place a new one.

“On the merits, I am of the view that Edward Jnr has met all the requirements of an interim interdict… they are the ones who have been managing the property up to the time of the demolitions by the respondent.

“As such, it is also common cause that every beneficiary has an interest in all what is or may form part of the deceased’s estate.

“Accordingly, from the above reasons, I granted the interim relief sought and, pending finalisation of this matter, Stephen and/or his agents be and are hereby interdicted from barricading and demolishing Flying Pot Restaurant’s property,” ruled the judge.