THE Supreme Court has dismissed an appeal by the Municipality of Marondera of a High Court judgment in favour of property development company Swandev (Pvt) Ltd, following a protracted farm ownership dispute.
The High Court had ruled that the municipality illegally occupied Elmswood Farm after moving onto the land, pegging residential stands and selling them to home-seekers.
This prompted Swandev — the farm’s registered owner — to approach the courts seeking an interdict to stop council from selling its property.
Justice Joel Mambara ruled that Swandev is the legitimate owner of the 886-hectare property, bringing an end to a dispute that had left many home-seekers confused.
However, council appealed the ruling but the appeal was dismissed on a technicality.
“Reference is made to the civil appeal you filed on Thursday, the 19th of February, 2026. It is noted that you did not comply with Rule 24 (11) of the Supreme Court rules (2025) for the inspection of the record within the time specified," the Supreme Court papers read.
“In terms of subrule (12) of rule 24 of the afore-mentioned rules, the appeal is regarded as abandoned and is hereby dismissed,” the Supreme Court ruled.
In his High Court judgment, Justice Mambara said Swandev was the rightful owner of Elmswood Farm by
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virtue being a holder of a valid title deed.
“The applicant has demonstrated a clear right of ownership in the property. Ownership of land is a most fundamental right, protected both at common law and by section 71 of the Constitution of Zimbabwe (which safeguards property rights),” the judgment read.
“By virtue of its registered title, the applicant enjoys dominium over the farm, which includes the right to exclude others from the property and to refuse any unconsented sale or allocation of portions thereof. “
“The respondent’s actions — advertising and selling plots on the applicant’s land — plainly interfere with the applicant’s rights as owner.”
He ruled that Marondera had no lawful authority to dispose of land it does not own.
“Therefore, the applicant’s right is not only clear; it is being actively infringed by the respondent. The first requirement for an interdict is thus satisfied,” he said.
Rant du Toit had been contracted by Swandev to develop the property.
However, operations were halted after the Municipality of Marondera moved onto the land, triggering a dispute that eventually spilled into the courts.
