Consortium of women lose court battle to Qoki Zindlovukazi over property in Bulawayo

A consortium of women who alleged they had contributed funds towards the purchase of a property in Bulawayo have lost their bid to encumber the property after the High Court of Zimbabwe dismissed their application.

Justice Evangelista Kabasa dismissed an application by Patient Banda to place a caveat on a property owned by Qoki Zindlovukazi Investments (Private) Limited and Mike Bekithemba Ncube.

The applicant had sought to place a caveat on the property, known as Lot 6 of Lower Nondwane, alleging that she had contributed funds to its purchase through a consortium of women.

However, the court found that the applicant had failed to provide sufficient evidence linking her to the property or demonstrating her interest in it.

In his judgment, Justice Kabasa noted that the applicant’s case relied solely on her unsubstantiated assertions, and that there was no link between her and the property owner, or between her and the company that had purchased the property.

The court held that the applicant had not shown good cause to place a caveat on the property, and that her application was therefore dismissed. The applicant was also ordered to pay the costs of the suit.

“An order encumbering the second respondent’s property would diminish this right. A caveat ought therefore not to be placed on another’s property unless a proper case has been made for it.

“It is my considered view that the applicant’s case falls at the first hurdle. She has not shown a direct interest in the property entitling her to encumber the second respondent’s property.

‘Whatever action the applicant intends to take against the first respondent such does not justify the placement of a caveat against the second respondent’s property, based on the paucity of facts placed before me,” the judge ruled.

“In the result I make the following order:- The application to place a caveat over Lot 6 of Lower Nondwane held under Deed of Transfer 257/2000 be and is hereby dismissed.

“The applicant shall pay costs of suit at the ordinary scale.”