THE 43 Mbare families who successfully sued Harare City Council for $58 000 compensation after their properties were damaged by flash floods caused by the city’s poor drainage system, yesterday filed a writ of execution at the High Court.
by PAIDAMOYO MUZULU
The residents are seeking to have council’s property attached and auctioned to raise the funds to settle the award they were given by Justice David Mangota on Tuesday.
The residents’ lawyer, Allan Moyo, confirmed the development.
“I am finalising the preparation of the writ of execution that I hope to file before the end of the day and pay for the necessary amounts to the sheriff to attach council property,” Moyo said.
The 43 families affected by the flash floods in Mbare resided along Dumbutshena, Mwamuka, Mbirimi and Chinamhora streets which are closer to Sunshine Bazaar Mall. The residents argued that the city was negligent in not inspecting and clearing the drainage after the building of the shopping mall significantly contributing to the flooding of the oldest suburb in the capital last summer.
Moyo said the decision to file a writ of execution was to make sure that his clients receive compensation soonest and carry on with their lives.
“It remains important that the residents should receive their compensation urgently and get on with their lives. Secondly, the residents could not afford to pay my fees and we had an agreement that I would get my fees from the compensation they would be awarded,” added Moyo.
The residents were initially seeking $100 000 compensation broken down as $57 556,70 for the property that was damaged and swept away by the floods and $43 000 for shock, loss of sleep and alternative accommodation.
This award is not the first the council has been ordered to pay to residents for its negligence. A decade ago Stanbic director Pindie Nyandoro successfully sued the council after her Mercedes Benz was damaged after hitting a pothole when it was raining.