ABOUT 854 families, facing eviction from a 280-hectare estate in Harare they have occupied for more than a decade, have lodged an appeal against a High Court ruling that dismissed their bid to claim ownership of the land, which they allege was donated to Zanu PF.
The appeal, filed following a July 2024 judgment by Justice Emilia Muchawa, has temporarily halted evictions from the property, which spans parts of Msasa Park and Chadcombe, according to court papers seen by the Zimbabwe Independent.
In judgment HH 286-24, dated July 10, 2024, Justice Muchawa ruled that the settlers had no legal basis to claim ownership of Stand 560 Chadcombe Township, held by Msasa Park (Pvt) Ltd.
“The defendants filed an application for condonation for late filing of an appeal and extension of time within which to file an appeal in the Supreme Court after the evictions started,” the law firm representing Msasa Park (Pvt) Ltd said this week.
“They also filed an Urgent Chamber Application for stay of the evictions in the High Court. The application for condonation was set down and granted ahead of the High Court application.
“This means the defendants now have an opportunity to file a fresh appeal...which should be done by Wednesday the 12th of November.
“This fresh appeal means evictions are now suspended until the hearing of the new appeal. In the meantime, the urgent chamber application filed in the High Court is now academic since condonation has now been granted,” it added.
Represented by lawyer Talent Madzvamuse, the residents argued that Msasa Park (Pvt) Ltd had donated the land in 2012 to Zanu PF’s Mukuvisi Tashinga District through one Charles Mike, who they claimed was a director of the company at the time.
They sought a declaratory order recognising their ownership and compelling Msasa Park to transfer the stands to them “at subdivision and transfer cost only”.
Msasa Park, represented by Bruce Tokwe Commercial Law Chambers, denied the donation claim, saying it had only offered one stand to Zanu PF Harare Province for use as a party office.
The company described Mike as a former employee, not a director, according to court records.
Justice Muchawa found that the applicants lacked locus standi as their claim was based on an alleged donation to a Zanu PF district that was not a party to the proceedings.
She said the residents had failed to prove any personal ownership rights or direct legal interest in the land.
“It is my considered view that the applicants (residents) have no direct and substantial interest to launch this application which they are basing on a donation to a party which is not before the court,” the judge ruled.
“In the face of the eviction orders granted in favour of the respondent in 2013, the applicants are in illegal occupation of the respondent’s (Msasa Park) land.
“They clearly do not have a direct and substantial interest in this matter,” she added.
The judgment also recorded Msasa Park’s assertion that while it had indeed offered a single undeveloped stand to Zanu PF, this was “merely meant for the construction of a district office” and never intended for residential settlement.
The company told the court it had refrained from enforcing eviction orders “on humanitarian grounds” and instead sought to regularise occupation retrospectively in 2019 by applying for a subdivision permit, which was later granted.
“The fact that the applicants refer to the regularisation process as ‘disturbing developments’ is seen to show they are ingrates who do not appreciate how the respondent has saved them from eviction,” it said in its papers.
That particular application was later withdrawn after Zanu PF Harare Province distanced itself from the proceedings.
Justice Muchawa further held that the residents’ claim had prescribed, as it arose from events dating back to 2012 and should have been filed within three years under the Prescription Act. Even declaratory actions, she said, are subject to prescription.
She also noted the case was fraught with “material disputes of fact”, including whether Msasa Park existed at the time of the alleged donation, whether Mike was indeed a director, and whether the 854 applicants could identify specific stands, disputes that could not be resolved on paper.
The judge dismissed the application rather than referring it to trial.
Msasa Park obtained eviction orders against some housing co-operatives as far back as 2013 but delayed enforcement, citing humanitarian reasons.
In December 2023, the company secured Subdivision Permit No. SD/ER/117/2023, later amended in 2024, to enable formal allocation of stands.
It said it had agreed with stakeholders, including Zanu PF Harare Province, to sell the land at a subsidised rate of US$15 per square metre, compared to the market range of US$45 to US$60.
Eviction efforts two weeks ago were suspended after the settlers filed an urgent chamber application and sought condonation to file a late Supreme Court appeal.
