Online Reporter
Court Reporter
TRAUMA Centre Hospital secured a major legal victory after the High Court blocked Condev Property Developers from constructing office buildings on a residential property in Borrowdale, setting aside a development permit issued by the City of Harare.
The ruling follows months of legal and public controversy over the Kingsmead Road property, which was recently advertised for sale at US$1,9 million despite an unresolved court challenge over the proposed development.
Justice Tawanda Chitapi last week granted a review application filed by Vislink (Private) Limited, trading as Trauma Centre Hospital and Ms Penelope Beattie, nullifying the permit issued to Condev Property Developers.
“The application for review be and is hereby granted. The permit issued by the 2nd Respondent on 17 April 2025… be and is hereby set aside,” Justice Chitapi said. “No order as to costs.”
The application cited Condev Property Developers, City of Harare Director of Urban Planning, the City of Harare and landowner Andrew Herbst as respondents.
Trauma Centre proprietor Dr Vivek Solanki argued that the permit was issued outside the three months required under the Administrative Justice Act and that objectors were never served with the approval, denying them due process.
He also told the court the permit was missing from council records and that the plan attached to it differed from the one later approved.
Dr Solanki said he objected to the proposed development after receiving Condev’s application in October 2024, with neighbouring residents also lodging objections.
He argued that office blocks were unsuitable for Borrowdale and Ballantyne Park, which are low-density residential suburbs with narrow roads, warning that increased traffic would endanger patients, staff and emergency vehicles at Trauma Centre Hospital.
He told the court that Condev had moved construction equipment onto the property and started cutting down trees, prompting him to seek a provisional interdict pending the review application.
