HIGH Court judge Justice Happious Zhou yesterday ordered the United Family International Church (UFIC) led by Prophet Emmanuel Makandiwa to stop developing a piece of land over which the church is fighting for ownership with a Chitungwiza resident, Tinashe Mutarisi.
SENIOR COURT REPORTER
The UFIC reportedly bought the disputed land from Chitungwiza Municipality at a cost of $730 000 early this month, a day after Mutarisi filed an urgent High Court application on November 1. The application sought an interdict barring the church from developing the site.
In the application, Mutarisi cited UFIC and Chitungwiza Municipality as respondents.
The interim relief granted yesterday reads: “The first respondent be and is hereby interdicted from carrying out any developments which encroach on or otherwise interfere with the applicant’s rights in relation to stand numbers 19774 and 19775 Town Centre, Seke South, Chitungwiza.”
In his judgment, Justice Zhou said although Makandiwa’s church referred to Mutarisi’s agreements with Chitungwiza Municipality as “dubious”, there was nothing on the papers to suggest any wrongdoing on the part of Mutarisi.
“On the other hand, the facts suggest collusion between the first and second respondents to defeat the applicant’s claim. In its opposing affidavit, the first respondent states that it has been building on the land in question for over two years . . . (but) does not explain the basis upon which it has been building on the piece of land for over two years,” Justice Zhou said.
“As will be shown below, the transaction between the two respondents bears all the hallmarks of a questionable deal which may have been concluded to frustrate any claim by the applicant to the property. For the above reason, I hold that the matter is urgent.”
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“As regards the merits of the matter, what is being sought is an interim or temporary interdict pending the return date on which there will be a full inquiry into the issue of title to the property in dispute.”
According to the judgment, the land in question, stand numbers 19774 and 19775, was acquired by Mutarisi from one Tarcisius Madamombe by way of cession of rights.
Following the cession of the rights, Mutarisi then entered into an agreement with Chitungwiza Municipality and the lease agreements for the two stands were for a two-year-period commencing on September 1, 2011.
However, on October 27 this year, Mutarisi observed that construction workers employed by Makandiwa’s church had encroached onto his land without his authority.
Mutarisi had until then assumed that the UFIC was the holder of the rights over an adjoining property, the court heard.
Further investigations later revealed that the church had purchased the piece of land that included his two stands.
