High Court judge Justice Siyabona Musithu has ordered several land invaders who recently stormed Sunshine Development (Pvt) Ltd stand in Mabelreign, Harare, with heavy machinery and started constructing roads and pegging stands, to immediately vacate the land and to stop interfering with developments.
Justice Musithu issued the order by consent after parties found common ground following the filing of an urgent chamber application by Sunshine Development (Pvt) Ltd officials.
“Whereas neither the first respondent (Lilian Chitanga) and/or her assignees have any rights and interests in stand 812 Mabelreign Township and stand 8112 Warren Park Township situated in the district of Salisbury held under Deed of Transfer 6315/2008 and 7482/2008 respectively,” the judge ordered.
“It is hereby ordered by consent that; neither the first respondent nor her agents or assignees shall interfere with the applicant’s (Sunshine Development) rights of ownership, use, access, possession, and control of the aforementioned properties.”
Last week, the developers approached the court on an urgent basis seeking an interdict against Chitanga and Tinashe Dhlamini, who had invaded its land together with an unidentified gang.
According to Sunshine Development (Pvt) Ltd’s Chief projects officer, Mandla Ndebele, the incident occurred on September 1, 2020 at Stand 812 Mabelreign Township, measuring 4,5509 hectares, registered under Deed of Transfer 6315/2008.
The piece of land is at the corner of Richwell Road and Harare Drive in Meyrick Park in Harare.
In his founding affidavit Ndebele had said he questioned Chitanga and Dhlamini on their identities as well as the basis of their invasion to no avail but at that point, another group of people arrived to join the two issuing threats of violence against them.
“They (the gang) threatened to smash the mobile phones and kill us if the applicant’s (Sunshine Developments) representatives continued to obstruct the respondent’s (Chitanga and Dhlamini) activities on applicant’s land,” Ndebele said.
“We genuinely fear for our lives now. Realising that we had been outnumbered by the respondents and fearing for our lives, we all fled from the scene. Our Mr Munaki went with the police to Mabelreign Police Station and filed a police report against the respondents under RRB 4484343 where they are being charged with criminal trespassing.”