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Herald Reporter
MUPAMOMBE Housing Project has won a protracted court battle against Mupamombe Housing Cooperative Society Limited after the High Court ruled out that it is the rightful owner of the land at Mupamombe/Ingezi in Kadoma, which was reserved for selling residential stands to civil servants and pensioners.
High Court Judge Justice Siyabona Paul Musithu interdicted Mupamombe Housing Cooperative Society Limited from selling stands on the site.
Justice Musithu in his judgment noted that the two land developers were two different legal entities.
The High Court decision came after Mupamombe Housing Project applied for a declaratory and consequential relief against Mupamombe Housing Cooperative Society.
According to a founding affidavit filed in the application by its secretary Munashe Chidyamazana, Mupamombe Housing Project was founded in 2002, as a brainchild of the late former Minister of Primary and Secondary Education Dr Aeneas Chigwedere.
Its aim was to lobby the Government to provide non-monetary incentives to civil servants targeting to benefit teachers but later broadened to include all civil servants, pensioners and those from private sector.
Sometime in 2002, the Government ceded Mupamombe/Ingezi Kadoma to Mupapombe Housing Project to service the area and then subdivide into residential stands and sell to civil servants.
Mupamombe Housing Project was tasked to provide land surveying, pegging of stands, roads and installation of a sewer system.
Its members started contributing subscriptions in 2002 and initial allocation of stands to 610 beneficiaries in 2005 for Phase 1 and another 236 for Phase 2. Another allocation was done in 2016 to 114 members making a total of 950 beneficiaries.
According to Mr Chidyamazana, sometime in 2019 some of its former members broke away from his organisation and registered Mupamombe Housing Cooperative Society Limited, giving birth to their dispute.
He asked the court to note that the people who registered Mupamombe Housing Cooperative Society Limited deliberately assumed a name which is so close to that of Mupamombe Housing Project. So as to confuse project members into believing that the new entity was the same as the original entity.
“After its registration, the housing co-operative society created receipt books and started to sell some of housing project stands without the knowledge or consent of the original developer. Some of the stands had already been allocated but these were resold to a second buyer.
Mupamombe Housing Project became aware of this criminal enterprise after some of its members were affected as strangers were occupying their stands.
“From the foregoing, with Respondent’s actions, there is irreparable injury actually committed and reasonably apprehended that may have far reaching consequences on the Applicant if not addressed.
“As a result of the actions of the Respondent, members of the public are losing their hard earned money while Applicant’s right to property which is guaranteed in terms of section 71 of the Constitution of Zimbabwe is being violated,” he said. Irked by their rival’s actions, Mupamombe Housing Projects approached the court seeking a declaration order for it to be declared the rightful owners of the said land, which was then granted.
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