HARARE City Council has approached the High Court, seeking an order to demolish hundreds of illegal structures built in Kuwadzana 3 by members of Sekusile Housing Co-operative, arguing the land in question belonged to a local financial institution.
Acting town clerk, Hosiah Chisango, filed an application at the High Court on May 31, seeking a spoliation order to interdict Sekusile Housing Co-operative members from occupying the land.
Chisango said the pieces of land known as stands number 21510 and 21511 Kuwadzana Township of Fontainebleau in Kuwadzana Phase 3 are supposed to be vacant and undeveloped, but have been occupied by illegal settlers.
“The applicant (City of Harare) had undisturbed peaceful possession at all material times of the land in que stion. The applicant has sold the land in question to FBC Building Society in terms of the agreement of sale attached hereto as Annexure A,” Chisango said in his affidavit.
“The applicant, upon making efforts to deliver the land in question to FBC Building Society on May 22, 2018, discovered that the respondent (Sekusile Housing Co-operative) and those claiming title under it are in unlawful occupation and despoiled the applicant of its peaceful possession.”
According to Chisango, Sekusile Housing Co-operative is not known to the council and was never at any stage granted the right to occupy or possess the land in question. The acting town clerk also said the co-operative members were wrongfully interfering with the council’s possession of the land.
“There is no doubt that there is irreparable injury being committed by the respondent. The applicant and a third party are suffering harm, which may result in consequences, as it may be found to be in breach of its agreement with FBC Building Society. The applicant may lose revenue that it has gained from the intrinsic value for the land that the FBC Building Society paid,” he said.
“There is no other competent remedy available to the applicant. The applicant has, therefore, been left with no other option, but to approach this honourable court for relief.” The matter is yet to be set down for hearing.