Chitungwiza council sells stand twice

HARARE - The Chitungwiza Municipality has been dragged before the High Court after it “illegally” sold a single residential stand to two desperate home seekers.

According to court papers, the council initially sold stand number 23394 Unit L Chitungwiza to Shelton Chimanya, before reselling it to Sekai Kashiri and her husband only identified as Mandiopera.

Kashiri and Mandiopera together with the Chitungwiza Municipality are now the respondents in the High Court application.

Chimanya, who is represented by Charles Mutsahuni from C.Mutsahuni Chikore and Partners, is now seeking a High Court order allowing him to repossess the property.

“I am approaching this court seeking a declaratur so the court declares certain conduct of the third respondent (Chitungwiza Municipality) illegal and unlawful and therefore null and void and that I be declared the rightful owner of rights, interest and title in stand number 23394 Unit L Seke Chitungwiza and again that Chitungwiza Municipality restores possession, title and interests in same to me.

“Further I am seeking that the court orders the first and second respondents (Kashiri and Mandiopera) to remove any structure they would have put on my stand as it would have been a result of an illegal double sale,” the court heard.

Chimanya told the court that he was offered the residential stand in question by the Chitungwiza Municipality in 2005. Under the terms, Chimanya was supposed to initially pay Z$9 million and was not allowed to develop a super structure on the residential stand until paying the full amount of Z$17,5 million, which was required.

The offer was also going to be withdrawn, if he was to construct a structure without having finished paying the required amount.

Chimanya said he managed to pay the Z$9 million deposit and a further Z$1 million in service charges.

He later signed a lease agreement with the Chitungwiza Municipality in February 2007, which stipulated the manner in which he was supposed to construct buildings on the stand in line with the council by-laws.

Chimanya said he continued paying his service fees but was surprised in October this year, when the receipt was produced in Kashiri and Mandiopera’s names.
Upon enquiring, he was advised that the stand had been repossessed and re-allocated to the two.

“I believe…the repossession was unlawful or improper…I am of the view that such discretion was not exercised properly or rationally…,” Chimanya said.

The matter is still to be finalised before the court.

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