High Court grants urgent hearing in property dispute

Fidelis Munyoro

Chief Court Writer

TRAUMA Centre Hospital’s application for the review of a permit issued to Condev Property Developers for the construction of office buildings in Borrowdale will be heard urgently, the High Court has ruled.

Condev Property Developers face legal proceedings over plans to construct large office buildings in Borrowdale, a residential suburb.

Trauma Centre Hospital, represented by Dr Vivan Solanki and Penelope Beattie, approached the High Court to stop the development.

In a chamber hearing before Justice Rogers Manyangadze, Condev Property Developers, the director of urban planning at the City of Harare, the City of Harare and Andrew Herbst, as respondents, consented to the matter being heard on an urgent basis.

The hospital and residents allege irregularities in the issuance of permits by the City of Harare.

Claims include refusal to disclose records, failure to conduct a traffic flow study, failure to present objections, lack of sewage treatment planning, and disregard for groundwater contamination risks.

Residents of Borrowdale oppose the development, citing concerns about unplanned construction in the area. The hospital argues that the development endangers public safety and disrupts the operations of an emergency medical facility.

The applicants, represented by Advocate Lewis Uriri instructed by Mr Christos Venturas, challenge the permit issued on April 17, claiming it was not served to objectors and was granted in violation of the Administrative Justice Act.

They describe the decision as irrational, unreasonable, and made in bad faith.

Trauma Centre Hospital, operational since 2014 and located near the proposed site, asserts that the construction will cause significant disruption due to heavy equipment, noise, and other disturbances.

The planned development includes 16 office units accommodating approximately 330 workers. The site lacks sufficient road infrastructure, sewage services and municipal water supply.

The applicants argue that the project disregards zoning laws and the rights of residents while undermining the safety of the hospital’s patients and staff.

They are seeking an urgent interdict to halt the development pending a review of the permit.

The court will now determine whether the administrative decision to approve the construction complied with legal and procedural requirements.

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