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Kariba Bureau
The High Court has dismissed, with costs, an application by the Zimbabwe Parks and Wildlife Management Authority (Zimparks) seeking to bar Kariba Municipality from developing part of Charara Safari area. High Court Judge, Justice Owen Tagu, ruled that Zimparks controlled 368 650 square metres of land stretching from Kasese River up to Kariba Airport, but Kariba Municipality held title to the land.
“On the other hand, while the applicant was carrying such duties (managing the wildlife population) in the area, the applicant had no title to the land in question.
“The respondent (Kariba Municipality) has always been the holder of the land under Deed of Grant 4006/2006 dated 12th September 2005. This fact is not in dispute. This is shown on survey diagram S.G No. 19/2005 that the Municipality of Kariba had land coverage totalling 2161, 3682 hectares including the area being controlled by the applicant,” read part of the judgement by Justice Tagu.
He said proclamation 3 of 1999 by former President Mugabe published in Statutory Instrument 9F of 1999 abolishing the town of Kariba and Kariba Town Council and establishing a municipality gave Kariba title of the land.
“At law the owner of the land cannot be interdicted from utilising his land in a manner he/she deems fit. In casu, the title deed for the respondent is extant and the applicant has no clear right over the land,” noted Justice Tagu.
He highlighted Zimparks had not initiated litigation setting aside Kariba Municipality’s title of land before 1999 and had not produced title deeds to the land other than that it had been in control of the land.
Citing the case between Rowland Electro Engineering (Pvt) (Ltd vs Zimbabwe Banking Corporation Ltd 2003 (1) Zimbabwe Law Reports 223 (H), he said an applicant should show that they have the right of action and there was no alternative remedy.
“In the present case the applicant failed to establish the aforementioned requisites for an interdict. Accordingly the application is dismissed with costs,” reads an order from Justice Tagu.
Zimparks had alleged that the diagram to the title deeds could not be located at the Deeds Registry and at the Surveyor General’s offices.
“The alleged Government departments have not been cited not made to supply affidavits in these proceedings.
“Neither did applicant made an application to compel the production of the said diagram from the relevant government departments.
“It is not the duty of the respondent to produce the said diagram as the Surveyor General’s office is the custodian of the diagram,” further observed Justice Tagu.
The long-standing land dispute had stalled plans by Kariba Municipality to convert the land into residential stands.
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