School wrangle spills into High Court

with the latter seeking an order allowing it to operate from the premises pending finalisation of the dispute.
Cold Comfort Junior School and Herentals College are the victims of an ownership wrangle over the land the school is built on with two title deeds for the same property.
The holder of one of the deeds sold the land and buildings to Herentals while the other backs Cold Comfort School.
Yesterday Herentals College, through its lawyer Mr Ralph Maganga of Maganga and Partners, filed an urgent chamber application claiming to be the legitimate owner of the premises on which the school was built.
Mr Vote Muza of Muza and Nyapadi has also filed a notice of opposition to the application.
Mr Muza has instructed Advocate Thabani Mpofu to argue the matter in chambers.
Justice Francis Bere is expected to hear the matter tomorrow.
In the application, Herentals claims to have purchased the property from Unitime Investments who held the said land under deed Number 3410/09.
It is claimed that Herentals was charged US$360 000 and so far US$100 000 had been paid.
Transfer, according to the papers, should be done after completion of payment.
On that basis, Herentals argues it became the new owners of the school since it was the main reason why it bought the property.
But Release Power counter-argues that it was the legitimate owner of the property and that if Herentals paid any money, then it was just a victim of a fraud by Unitime Investments.
Release Power contends that it held a genuine title deed while the one relied upon by Herentals was fraudulently acquired.
“Release Power acquired the property under deed of transfer 48 73/2009. To date, first respondent (Release Power) is still the holder of the same document.
“It is apparent that Herentals is a victim of fraud perpetrated by Unitime Investments and it should direct any claim it has to this company.
“Annexture C to the applicant’s founding affidavit is a fake title deed generated through corruption of officials from the Deeds Office.
“Accordingly, no legal ownership can pass from a title deed that is fraud and a nullity,” the notice of opposition read.
Release Power said the application is doomed and should be dismissed. The parties accused each other of causing disturbances at the school but Release Power through the Cold Comfort School leadership, has since made a police report at Kuwadzana Police Station.
They filed malicious damage to property and assault charges. The violent incidents that have been captured in the local print and electronic media and some newspaper cuttings are likely to be produced in court.