Gokwe-Nembudziya MP Justice Mayor Wadyajena’s business, Mayor Logistics, has been dragged to the High Court by a local businesswoman, who is seeking to bar it from further demolishing her property at Hopley.
BY CHARLES LAITON
Mayor Logistics and Mathonsi Family Enterprises (Pvt) Ltd are embroiled in an ownership dispute over Stand 102 Grobbie Park Township in Hopley, Harare, whose litigation is pending under HC1330/17.
According to court papers, Wadyajena’s firm is in possession of an order where it claims it purchased the land from Mathonsi Family Enterprises for $50 000, but the latter is disputing that such a sale ever happened.
Mathonsi Family Enterprises’ director, Caroline Mathonsi, filed an urgent chamber application on May 17 accusing Mayor Logistics of further demolishing buildings at the premises despite the absence of a court order.
“The court order, which was granted to the respondent (Mayor Logistics), though being challenged by the applicant (Mathonsi Family Enterprises), was for the property to be transferred into the respondent’s name and doesn’t authorise the respondent to remove applicant’s property from the premises and/or to demolish the property thereon,” Mathonsi said in her founding affidavit.
“Meaning to say if the respondent (Mayor Logistics) wishes to take possession of its property, the respondent has to approach the court seeking appropriate relief. What the respondent is doing is tantamount to self-help, which is not desirable as this will cause lawlessness in the country.”
In her application, Mathonsi said her business had occupied the premises until April 25, this year when Mayor Logistics “representatives, employees and assignees” visited the premises and started demolishing buildings and removing goods and property.
She said the matter was later taken to court before High Court judge, Justice Lavender Makoni, and a solution was reached after which Mayor Logistics’ lawyer made an undertaking that the demolitions would not continue until the finalisation of the matter.
“The respondent’s legal practitioner, Tsivama, made an undertaking that the respondent’s agents and employees would vacate respondent’s premises, which they did on or about April 29, 2017,” Mathonsi said.
“However, what has prompted this application is that today, May 16, 2017, the respondent’s agents attended at our premises and started enquiring about that intention to demolish a house they claim is on their stand.
“The urgency of the matter arises from the fact that respondent’s presence at the premises is not blessed by a court order. Respondent has previously demolished our property and its return and its enquiry of the house it claims is in its stand is a sure sign that it is continuing with its demolition.”
Mathonsi further said Mayor Logistics’ bulldozers and workers’ presence on the premises was a clear sign that they were there to demolish her property.
The matter is yet to be set down for hearing.