The Harare City Council has petitioned the High Court seeking eviction and demolition orders against Tembwe Housing Co-operative Society in Budiriro for failing to adhere to an agreement of sale between the parties and encroaching into land reserved for a school.
BY CHARLES LAITON
In summons issued on Monday this week, the local authority said the co-operative was illegally occupying Stand number 23710 Gleneagles Farm.
The council cited Tembwe Housing Co-operative Society Limited and its chairperson, Caleb Kadye, as respondents, accusing them of failing to stick to the land dimensions provided in their plan.
It said sometime in 2008, it entered into a contract of sale with the housing co-operative for 175 residential stands in Budiriro.
“On or about September 17, 2008 and at Harare, the plaintiff (City of Harare) entered into a contract of sale with the first defendant (Tembwe Housing Co-operative), wherein the plaintiff sold to the first defendant 175 stands on plan number TPY 544/1 Budiriro Township,” it said.
“The following were the express and or implied terms of the contract, namely that the first and second defendant (Kadye) were supposed to work with the relevant departments of the plaintiff in developing the land for the 175 stands allocated to the first defendant in terms of plan TPY 544/1, the first and second defendant were supposed to resist their activities and stick to the boundaries and dimension provided for plan TPY 544/4.
“In breach of the express and/or implied terms of the contract, the first and second defendants failed, refused and or neglected to comply with the terms of the agreement by failing to stick to the dimensions provided for by plan TPY 544/1 by encroaching into the land, which had not been allocated or sold to the defendant.”
The council said the co-operative went ahead and allocated land to its members on stand number 23710 Gleneagles Farm, despite the fact that the land had been reserved for a school.
“By reason of the aforesaid breach of the terms of the contract, the plaintiff is entitled to cancel the contract and vindicate its land from the defendants and seek eviction of the defendants and all those claiming occupation through the defendants,” the council said.
“Despite several demands, the defendants have failed, refused and or neglected to vacate plaintiff’s land. Wherefore, the plaintiff claims against the first defendant and the second defendant for an order confirming cancellation of the contract for sale … (and) eviction of the defendant and all those claiming occupation through the defendants …”
The matter is still pending.