A HARARE bulk water abstracting firm, LS Waters (PVT) Ltd, has lost its bid to regain property seized from its Greendale property by police and Zimbabwe National Water Authority (Zinwa) officials last month.
BY PAIDAMOYO MUZULU
Police and Zinwa officials last month teamed up and confiscated LS Waters’ pumps, bulk tanks and electricity cables following expiry of the firm’s licence last December.
The company, through its lawyer Obert Mawadze of Manase and Manase, had approached the High Court seeking a spoliation order but the application was dismissed.
In the ruling, Justice Esther Muremba said the applicants had failed to satisfy the requirements for a spoliation order in their affidavit.
“The applicants should not be seeking a mandament van spolie because the action (by respondents) does not does not satisfy the requirement that the respondents have taken control of the premises. Spoliation implies a deprivation and not a mere disturbance of possession,” she ruled.
“If it is indeed true that the property was seized by the police and is in the custody of the police pending the prosecution of the applicants as the respondents allege, then an order that the respondents restore the property to the applicant is not capable of being complied with.”
Zinwa, in its defence had stated that LS Waters had not right to abstract water, since its licence had expired and the new policy was that there should be no bulk water abstraction in built-up areas.
Many companies in Harare are now in the business of selling bulk borehole water for bottling or domestic use to households, where the local authority is failing to supply water or to those who feel council water is not potable