BY DESMOND CHINGARANDE CITY of Harare bosses who were arrested for instructing local company Pokugara properties to demolish a Borrowdale showroom built without an approved plan have insisted that they had legal authority to instruct the demolition to happen.
The City of Harare bosses Zvenyika Chawatama, Mandla Marlone Ndebele, Samuel Nyabezi and Lasten Taonezvi, and Pokugara properties former managing director Michael Van Blerk were represented by Charles Kwaramba and advocate Tawanda Zhuwarara respectively when they appeared before the courts yesterday.
The complainant in the matter is George Katsimberis, who claims that the accused persons destroyed a model house he built in Borrowdale after signing a joint venture agreement with Pokugara properties to build cluster houses.
The City of Harare had argued that the building was built without an approved plan and also that the materials used were not recommended.
The court heard that High Court judge Justice Isaac Muzenda had dismissed Katsimberis’ application to stop the demolitions. He appealed at the Supreme Court where the application was again dismissed.
Zhuwarara told Katsimberis that his appeal to the Supreme Court was dismissed in favour of the City of Harare which had issued the demolition order.
But Katsimberis said it was dismissed as a matter of urgency not merits.
The court heard that the City of Harare in the affidavit to the High Court indicated that the showroom will be pulled down immediately; a fact which was confirmed by the Supreme Court.
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Harare magistrate Feresi Chakanyuka postponed the trial to today for continuation of trial.
Allegations are that sometime between July and October 2018 at lot 9 of 21 on consolidated number 19559 of 19828, Harare township in Borrowdale, the accused persons destroyed the showroom built by Katsimberis without a court order.