THE High Court has settled a long-running dispute over ownership of the remainder of Westhey of Sabonabon Estate in Kadoma, ruling that the land legally belongs to Balwearie Holdings (Pvt) Ltd, a company owned by Kadoma businessman Believe Guta.
In an order issued under case number HCH 221/26, Justice Joel Mambara declared the matter res judicata, effectively closing any further litigation on the question of ownership.
Res judicata is a principle that a cause of action may not be re-litigated once there has been a final judgment on the merits.
The ruling also affirmed an earlier judgment by Justice Siyabona Paul Musithu under case number HC 2861/20, which had already determined that Balwearie Holdings (Pvt) Ltd (CRN 1898/20) is the lawful owner of the property.
The court order states that the issue has already been conclusively determined and cannot be reopened, bringing finality to the dispute surrounding the land held under Deed of Transfer No 4110/92.
A Kadoma resident, Agrippa Banda, had approached the High Court arguing that although the courts had determined the non-existence of Balwearie Holdings (Private) Ltd, which had been in dispute with Guta, it had not determined the substantive and dispositive question of ownership of the property held under Deed of Transfer 4110/92.
Banda had also submitted that there was a live and unresolved legal question on the ownership of the property, arguing that this was central to the rights of third-party purchasers.
He also argued that this was necessary to ensure legal certainty, protection of property rights and finality to litigation.
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“This unresolved issue directly affects my proprietary rights as a purchaser and exposes me to legal uncertainty. It is just, equitable and in the interests of justice that this honourable court issues directions setting down the main matter for determination of this specific and outstanding issue,” Banda submitted.
Justice Mambara in December 2025 declared that Balwearie Holdings (Pvt) Ltd, Company No 45/77, was a dissolved company and has no legal existence or locus standi in any proceedings.
He ordered the applicants to pay the costs of the application.
Justice Mambara ruled that Balwearie Holdings (Pvt) Ltd was dissolved by a competent court order in 2020 and has no legal existence.
“That status was confirmed by the Supreme Court and several High Court judgments, and it has not been lawfully reversed by any subsequent proceeding.
“Any suggestion to the contrary relies on an invalidated judgment and ignores the principle of stare decisis and issue estoppel.
The applicants’ company (Balwearie 45/77) can neither sue nor be sued; it cannot be an applicant, respondent or a holder of rights and obligations in legal proceedings.
“In contrast, Balwearie Holdings (Pvt) Ltd, Company No 1898/20 is the only legitimate entity trading under the name Balwearie Holdings in Zimbabwe, as already declared by this court in 2024.”
He also said given the history and the clear warnings from previous judgments, the matter was closed.
