adminThe piece of land measures 26 000 square metres. Justice Joseph Musakwa declined to hear the matter on the basis that Mr Chenjerai Madamombe failed to prove its urgency.
Mr Madamombe may now pursue the case through a normal court application.
The failed application also cited Chitungwiza Town Council as a respondent.
Recently, the church got reprieve to continue constructing the $30 million structure near Chitungwiza Town Centre.
But the fresh dispute has shot up on another piece of land nearby. The land in question is adjacent to the stand where the mega church is being built. The land is described as Stand Number 19770 of Seke South Township in the district of Goromonzi.
Mr Madamombe claims he had a lease agreement covering the land in question with Chitungwiza municipality.
But the lease was unlawfully terminated to accommodate the church.
While the legal battle over the cancellation of the lease was still pending at the High Court, Mr Madamombe sought to interdict the church from developing the land.
The application came after UFIC reportedly drilled some boreholes on the land, an indication that the church was about to start construction. Mr Madamombe filed the urgent chamber application at the higher court on Thursday last week.
He was seeking to stop council from selling the property to anyone pending determination of the court challenge on the termination of the lease agreement.
Mangwana and Partners law firm is representing Mr Madamombe who claimed that Chitungwiza council allocated him Stand Number 19770 measuring 155 568 square metres. The agreement was that Mr Madamombe would develop the land and erect buildings.
Council, Mr Madamombe argued, unilaterally cancelled the lease agreement and resolved to relocate him to Nyatsime area.
Mr Madamombe instituted legal proceedings against Chitungwiza council contesting the termination of the agreement and the subsequent relocation under High Court Number HC6575/10.
Early this year, council engaged Mr Madamombe and resolved to craft a deed of settlement that reinstated Mr Madamombe’s lease on the land. The deed of settlement was signed before Justice Nicholas Mathonsi on 6 March this year and the parties agreed that Mr Madamombe’s land would be reduced in size to 55 449 square metres.
Mr Madamombe further divided the land before ceding the other stands. He remained with a reduced Stand Number 19770 now measuring 26 000 square metres.
The remaining land is adjacent to Stand Number 19722, which now belongs to UFIC. Another High Court application for nullification of the deed of settlement was filed under HC4868/12 and is still pending.
In the latest case Mr Madamombe was seeking to bar any developments on the land in question.
Online Reporter