Online Reporter
Fidelis Munyoro
Chief Court Reporter
THE Republic of North Macedonia has won a property ownership dispute with the High Court, ordering the eviction of two individuals occupying a diplomatic property in Harare.
The landmark judgment brings an end to the prolonged legal battle over No. 41 Argyle Road, Highlands, a property spanning 6265 square metres, which the court confirmed is owned by Macedonia.
The first respondent, Mr Alois Chimeri, had opposed the eviction, asserting that he had acquired ownership of the property through acquisitive prescription after occupying it since 1992.
The court, however, rejected his claims, finding that he failed to meet the legal requirements for establishing ownership under the Prescription Act.
Justice Never Katiyo, delivering the judgment, stated, “The evidence before this court demonstrates that the property is registered in favour of the Republic of North Macedonia. Registration of immovable property constitutes prima facie proof of ownership under Zimbabwean property law.”
The property, historically associated with the former Socialist Federal Republic of Yugoslavia, was transferred to Macedonia as a successor state. Mr Chimeri argued that his long-standing occupation, coupled with renovations and alleged inaction by the Macedonian government, entitled him to ownership.
However, the court found his evidence insufficient to prove uninterrupted possession for the statutory 30-year period required by law.
Justice Katiyo also noted the property’s diplomatic status, highlighting its protection under the Vienna Convention on Diplomatic Relations and Zimbabwe’s Privileges and Immunities Act.
“The exceptional status of such premises weighs heavily against the notion that abandonment occurred in the manner alleged by the respondent,” he said.
The court dismissed Mr Chimeri’s counter-application seeking a declaratory order of ownership and authorised the Sheriff of Zimbabwe to evict all occupants if they fail to vacate voluntarily. The first and second respondents were ordered to bear the costs of the suit.
