Online Reporter
Court Correspondent
The legal battle over the prime Alexander Park property housing the popular Cosmopolitan Restaurant has intensified, with local investment firm JC Delonics Investment (Pvt) Ltd filing an urgent chamber application for contempt of court against the Trustees of the HNZ Family Trust.
The application, filed at the Harare Magistrates’ Court, follows a chaotic Valentine’s Day weekend stand-off at Number 31 Fleetwood Avenue.
JC Delonics alleges that the Trust has wilfully defied a January 14, interim court order directing the respondents to restore “undisturbed possession” of the premises to the applicant.
The firm claims that one of the Trustees physically blocked the entrance to the restaurant with his vehicle, demanding that patrons provide their personal details before they could gain access — a move that allegedly scared off several couples during the Valentine’s Day celebrations and required police intervention.
In its founding affidavit, JC Delonics representative Delany Ncube stated that the Trust’s agents had changed the locks to the premises, installed unauthorised surveillance cameras, and withdrawn the firm’s contracted security personnel.
“The respondents’ conduct is not accidental, negligent, or based on any misunderstanding,” Ncube said.
“It is deliberate and calculated, as at no stage has the interim order been varied, suspended, or set aside.”
The applicant further alleges that a letter issued by the Trust’s legal practitioners on February 11, indicated an intention to continue interfering with the property management agreement, despite the matter being before the courts.
JC Delonics argues that the Trust’s actions have caused significant financial prejudice and created an environment of “insecurity and ongoing disruption”.
The conflict dates back to a 2024 verbal property management agreement under which JC Delonics was granted full occupation and control of the property, including the right to provide security and collect rentals, and was entitled to 50 percent of the collected revenue.
The relationship soured on December 24, last year when the Trust issued a seven-day termination notice via email, simultaneously instructing tenants to bypass JC Delonics and remit rentals directly to them.
On January 3, JC Delonics discovered that their security team had been forcibly replaced, prompting them to seek a spoliation order.
On January 14,— with a full order granted on January 27 — the court directed the Trust to restore “undisturbed possession” to the applicant, an order JC Delonics claims has been blatantly ignored.
The firm is now asking the court to declare the Trustees in mala fide (bad faith) contempt and issue a punitive cost order to protect the dignity of the judicial system.
The application also seeks to direct the Messenger of Court, assisted by the ZRP, to forcibly restore the applicant to the property.
“Court orders are not suggestions,” the affidavit reads.
“They are binding pronouncements of the court, which must be obeyed unless and until set aside.”
The contempt of court application is scheduled to be heard on Tuesday next week.
