THE High Court has ordered the eviction of two Harare men occupying a diplomatic property formerly belonging to Yugoslavia, ruling that they had no lawful claim to the premises despite nearly three decades of occupation.
Alois Chimeri and Obert Beta Guvheya were ordered to vacate number 41 Argyle Road, Highlands, Harare, a property now owned by the Republic of North Macedonia.
North Macedonia approached the High Court seeking the eviction of the two after they refused to vacate, claiming assumption of ownership through prolonged occupation dating back to 1992.
The applicants cited Chimeri, Guvheya, the Foreign Affairs and Local Government ministries as respondents.
In court papers, North Macedonia sought to assert its property rights, while Chimeri filed a counter-application asking the court to declare him the lawful owner through acquisitive prescription.
The property forms part of diplomatic assets historically associated with the former Yugoslavia and was subsequently transferred to North Macedonia.
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Chimeri argued that he occupied the property continuously since the departure of the Yugoslav diplomatic mission in 1992 and had, therefore, acquired ownership under the Prescription Act [Chapter 8:11].
High Court judge Justice Never Katiyo ruled that North Macedonia had successfully proven ownership through a deed of transfer and supporting documentation.
The judge noted that under Zimbabwean property law, registration of immovable property constitutes prima facie proof of ownership, adding that Chimeri had not produced documentary evidence of transfer to his name.
Justice Katiyo reaffirmed the legal principle that once an owner proves ownership and possession by another, the burden shifts to the possessor to establish a lawful basis for continued occupation.
While acknowledging that Chimeri had occupied the property since 1992, the judge found that his evidence comprising photographs, affidavits from acquaintances and proof of renovations did not conclusively demonstrate uninterrupted civil possession.
The judge said Zimbabwe domesticated the Vienna Convention on Diplomatic Relations through the Privileges and Immunities Act. Under Article 22 of the convention, diplomatic mission premises are inviolable.
“While this does not create immunity from property law entirely, it underscores the exceptional status of such premises and weighs heavily against the notion that abandonment occurred in the manner alleged by Chimeri,” Justice Katiyo said.
He ordered Chimeri, Guvheya and all those claiming occupation through them to vacate the property.