admin
Tendai Rupapa Senior Court Reporter
Embattled Zanu-PF Harare provincial youth chairman Godwin Gomwe has been dragged to the High Court by a housing development firm seeking to recover close to 200 stands he allegedly grabbed from the firm.
Gomwe reportedly took 196 stands in Westlea and Tynwald, Harare, and distributed them to his housing consortium members.
In an application filed at the High Court, Bradha Engineering (Pvt) Ltd, Gomwe, Final Hope Housing Co-operative, Tawanda (TI), Bright Munemo, Mateyo D. and City of Harare were listed as respondents.
The company is seeking an order compelling Gomwe and his accomplices to return the stands and vacate the pieces of land.
“First to sixth respondents are hereby ordered to return applicant status quo ante prior to this spoliation such that applicant is returned his peaceful, quiet and undisturbed possession, occupation and use of stand numbers 8736 to 8930 being 196 stands of the remainder of Warren Park situated in Westlea Township along Bulawayo Road and Tynwald Road, depicted on General Plan TPX 1352,” read part of the draft order.
Gomwe is also sitting on contempt of court charges for defying an order seeking a similar relief in the same court granted early this year by Justice Priscilla Chigumba.
In the latest case, Justice November Mtshiya heard the matter sitting in his chambers on Wednesday, but deferred the hearing to today.
The company’s chief executive, Mr Bright Ncube, who deposed the affidavit, claims that his firm was allocated the land by the City of Harare for development in Warren Park and Tynwald area in 2011.
The land was subdivided to about 200 stands and last year the company commenced servicing of the stands and implementation of the sewer trunk line under its civil contractors at a cost of more than $900 000.
“As of January 8, first respondent (Gomwe) and his affiliates under the guise of housing co-operatives, unlawfully and violently invaded part of the stands,” read part of the affidavit.
“I then approached my lawyer Mr Tapson Dzvetero who then made an application to this honourable court seeking an interdict to evict Gomwe and his gang. Despite a final court order on May 25, respondents under the affiliation of Gomwe have been on a rampage of disturbing possession of the property in question.”
The gang, he added, purported that the land had been given to them for housing co-operatives before hiring more than 30 bouncers to evict him.
In the application, Mr Dzvetero of Dzvetero and Associates submitted that only an urgent action can put an end to the chaotic situation.
“Applicant has no other remedy save to approach this court for relief,” he said.
Mr Dzvetero urged the court to grant the relief sought, arguing that for respondents to oppose the application would amount to an abuse of court process.
Online Reporter