School fights for survival

Senior Court Reporter
The owner of Matilda David Primary School, which faces demolition in Whitecliff, Harare, has filed an urgent chamber application at the Supreme Court seeking to stop Eddie’s Pfugari Properties and the Deputy Sheriff from executing an eviction order. Mrs Alice Chishamba bought the land from Eddie’s Pfugari before it was compulsorily acquired by Government.

When Government briefly took control of the land, it compensated Mrs Chishamba with land adjacent to stand number 1266 she had initially been allocated.

The Supreme Court recently nullified the compulsory acquisition of the land by Government and the school, for the reason that it was allocated land by Government, became part of the eviction victims.

The school, which offers primary education and Form One classes, was served with an eviction order together with hundreds of families who had been allocated residential stands in the area by Government.

In the urgent chamber application for stay of execution filed by Chinawa Law Chambers recently, Eddie’s Pfugari, the Ministry of Lands and Rural Development as well as the Deputy Sheriff were cited as respondents.

Mrs Chishamba argued that the writ of execution relied upon by Eddie’s Pfugari was defective.
“The writ of execution is fatally defective and is null and void for the reason that it purports to have been issued by the Supreme Court when the Supreme Court does not issue such process,” read her founding affidavit.

She argued that she had followed the required procedures in registering and developing the school and that she had spent up to US$1 million in setting it up.

“I have significantly improved the once vacant piece of land and have constructed a fully resourced school there with the necessary attendant amenities, which is currently serving hundreds of pupils and residents,” she said.

“The extensive improvements I have made amounting to at least US$1 million entitle me to resist any attempt at eviction and are a valid defence to any claim for ejectment.”

Mrs Chishamba said she was legally recognised as a bona fide purchaser and owner of the piece of land and that if she was finally evicted then she was entitled to compensation for the improvements made.

The matter is yet to be set down for hearing at the Supreme Court.