Online Reporter
Blessings Chidakwa
Herald Reporter
THE High Court has ordered the eviction of Brickstone Builders and Contractors (Pvt) Ltd and those whom they claimed to have sold stands from prime municipal land in Ridgeview, south of Belvedere.
The court ruled that the company fraudulently occupied the property without any lawful authority from the City of Harare.
Justice Regis Dembure granted the city’s application for ejectment, declaring that Brickstone had no legal or procedural basis to lay claim to Stand 19156 Salisbury Township Lands, registered under Deed of Grant 10907.
At the centre of the matter was whether Brickstone held any recognised rights to occupy or develop the land.
In his ruling, Justice Dembure said: “The defendant had no lawful right express, implied or otherwise to occupy or carry out any developments on the land.”
Court records show Brickstone failed to present a valid council allocation letter, lease agreement, or a written resolution from the City, requirements clearly stipulated under section 152(2) of the City of Harare Act.
The City’s head of Human Shelter Services, Mr Edgar Dzehonye, and director of Works, Mr Isaiah Chawatama, testified that such documents are mandatory prerequisites before any person or entity can take possession of municipal land.
“For one to claim to have authority from council to occupy any land, there must be a written council resolution,” they stated in uncontested testimony.
Brickstone’s legal team failed to cross-examine the City’s witnesses on these critical issues.
Justice Dembure underscored the legal consequence of this omission. “It is grossly unfair and improper to let a witness’s evidence go unchallenged and later seek to discredit it.”
The builder’s case further unravelled when the City produced evidence showing that a key letter Brickstone relied on purportedly from the Ministry of Local Government and Public Works was forged.
Both the Ministry’s Chief Director, Mr Mushamba, and the official whose name appeared on the document, Mr Madzivire, denied authoring or signing it.
The forgery formed the basis of an interim interdict Brickstone obtained in July 2023, which the company then used to continue construction illegally.
Despite court conditions barring any further developments, Brickstone went ahead and built on the land without approved plans.
The City responded by demolishing 30 illegal structures, leaving only those covered under the court interdict.
In delivering judgment, Justice Dembure ordered that: “The defendant and all those claiming occupation through it shall vacate Stand 19156 Salisbury Township Lands, also known as Stands 18991–19042 Belvedere Township, Harare, within seven days of this order.
“In the event of non-compliance, the Sheriff of Zimbabwe or his lawful Deputy is authorised to evict the defendant and all those claiming occupation through it,” reads the judgement.
The court also awarded costs against Brickstone.
Separately, Brickstone directors Lilian Chitanga and Spencer Mabheka were arraigned by the National Prosecuting Authority on charges of forgery and fraud on 17 September 2024.
The charges stem from fake council and ministerial documents allegedly used to sell more than 50 residential stands to unsuspecting buyers for amounts ranging between US$25 000 and US$40 000 per stand.
Investigations by the Zimbabwe Anti-Corruption Commission revealed that the so-called allocation letters and lease agreements issued to home seekers were counterfeit.
Structures built by the buyers have since been razed by municipal authorities.
As the eviction order takes effect, those who bought stands will have to claim refunds from Brickstone Contractors.
