A CHITUNGWIZA businessman has approached the High Court seeking to bar the United Family International Church from developing a disputed piece of land measuring 26 000 square metres.
Mr Chenjerai Madamombe also cites the Chitungwiza Town Council as a respondent in the matter. It appears UFIC has become a victim of Chitungwiza Municipality’s double dealings on land as it is being caught up in another controversial land deal.
Recently, the church got reprieve to continue constructing the massive US$30 million structure near Chitungwiza Town Centre, but the fresh dispute has sprouted on another piece of land nearby. The land in question is adjacent to the stand where the mega church is being built.
The land is described as Stand Number 19770 of Seke South Township in the district of Goromonzi. Mr Chenjerai Madamombe claims he had a lease agreement covering the land in question with Chitungwiza Municipality, but the lease was unlawfully terminated to accommodate the church.
While the legal battle over the cancellation of the lease was still pending at the High Court, Mr Madamombe wants to interdict the church from developing the land. The application came after UFIC reportedly drilled some boreholes on the land, an indication that the church was about to start construction.
In an urgent chamber application filed at the High Court on Thursday Mr Madamombe is seeking to stop council from selling the property to anyone pending determination of the court challenge on the termination of the lease agreement.
Justice Joseph Musakwa is expected to hear the application next week.
Mangwana and Partners law firm is representing Mr Madamombe.
Mr Madamombe, in his founding affidavit, claims he was allocated Stand Number 19770 measuring 155 568 square metres by Chitungwiza Town Council. The agreement was that Mr Madamombe would develop the land and erect buildings.
Council, Mr Madamombe claims, then unilaterally cancelled the lease agreement and resolved to relocate him to Nyatsime area.
Mr Madamombe instituted legal proceedings against Chitungwiza Municipality contesting the termination of the agreement and the subsequent relocation under High Court Number HC6575/10.
Early this year, council engaged Mr Madamombe and resolved to craft a deed of settlement that reinstated Mr Madamombe’s lease on the land.
According to the deed of settlement that was signed before Justice Nicolas Mathonsi on March 6 this year, the parties agreed that Mr Madamombe’s land would be reduced in size to 55 449 square metres. Mr Madamombe further divided the land before ceding the other stands.
He remained with a reduced Stand Number 19770 now measuring 26 000 square metres. The remaining land is adjacent to Stand Number 19722, which now belongs to UFIC.
Another High Court application for nullification of the deed of settlement was filed under HC4868/12 and is still pending. Pending finalisation of the legal battle, Mr Madamombe is seeking to bar any developments on the land in question.
The urgent chamber application is yet to be set down for hearing at the High Court. The Herald
To help maintain editorial independence Nehanda Radio relies on donations from readers like you. No donation is too small or too big. Help by donating to fund our operations.