Paul Pindani in CHINHOYI
DIVINE Group of Schools has won the right to ownership of a piece of prime real estate in Karoi.
The dispute featured the school, Morbman Logistics (Pvt) Ltd, businessman Innocent Chidhakwa, and Karoi Town Council,
High Court Judge, Justice Ngoni Nduna, presided over the case.
The school approached the High Court seeking the restoration of its rights to possess Stand 8684, Karoi.
The school argued that it acquired the stand from Karoi Town Council.
The dispute started when four people, allegedly acting on the instructions of the Council, entered the property and pegged and marked it as though it was Morban Logistics’s property.
In his ruling, Justice J Nduna, said:
“The threat is not merely historical. It concerns physical occupation and the alteration of the status quo on the ground.
“I accordingly I find that the matter was properly brought on an urgent basis.
“The applicant is accordingly entitled to restoration of the status quo ante and that the alternative interdictory relief is dismissed.
“The applicant is hereby restored to peaceful and undisturbed possession of Stand 8684, Karoi Township.
“Morbman Logistics and Innocent Chidhakwa, and all those claiming through them, are interdicted and restrained from entering, occupying, pegging, developing construction upon or otherwise interfering with Stand 8684 without the applicant’s consent or an order of this Honourable court.
“Karoi Town Council is interdicted and restrained from permitting, authorising or facilitating Morbman Logistics and Innocent Chidhakwa’s occupation, pegging,or development of Stand 8684 without lawful process and an order of this Honourable court.”
He directed the Council to remove all pegs, markers or other objects placed on Stand 8684 pursuant to the acts complained of in the application.
Justice Nduna ordered the respondents to pay the costs of the application.
