THE Shurugwi Town Council has sued Unki Mines and arbitrator, Ahmed Ebrahim over an arbitration award compelling the local authority to grant ownership of a piece of land outside council’s jurisdiction to the mine.
BY SILAS NKALA
The local authority filed its application at the Bulawayo High Court last week, seeking the nullification of the arbitration award.
Shurugwi Town Council secretary, Solomon Siziba submitted that sometime in 1989, the local authority purchased a piece of rural land for purposes of extending its boundaries and took title over the land by virtue and in terms of deed of transfer 1989/08.
“On that land, applicant produced a proposed subdivision of the land, which was meant to construct a multiple of smaller land parcels. A general map for the proposed subdivision was produced depicting and capturing the proposed new land parcels.
“These proposed subdivisions were never taken out of the main or original land identified in deed of transfer with the result that the applicant never took and does not have title over them.”
A dispute arose regarding the number of stands and the subdivision bought by Unki Mines and concerning the identity on the agreement. It was taken for arbitration before Ibrahim ordered the local authority to grant ownership of the disputed land to Unki Mine.
The local authority stated that the land was bought as private-owned rural land, which fell outside its jurisdiction and no finding was made in the arbitration award to establish if the local authority was given authority to subdivide it.
“The award ordered the transfer of subdivisions that were only proposed, which do not exist. How does one enforce such an award?” the founding affidavit read.
The local authority prayed for the setting aside of the arbitration award.
Unki Mine and Ibrahim are yet to respond to the application.