FORMER Harare councillor Warship Dumba and the Zimbabwe Homeless People’s Federation’s bid to cancel the deeds of transfer of the land to Sunshine Holdings, a joint venture company with Harare City Council has hit a brick wall after a High Court ruled that the matter was filed out of time and accused the applicants of shooting in the dark.
Dumba and the Zimbabwe Homeless People’s Federation dragged the city to court last year alleging that their joint venture partner in a development project – Sunshine Development, had not followed due process and seeking the 2007 land transfer to be undone.
They also wanted the joint venture agreements to be cancelled and declared a nullity alleging those who had signed it of not having authority to do so.
Judge Justice David Mangota ruled that the agreement was a matter of public record.
“The applicant which claims to have a keen interest in the affairs of good governance in Harare cannot suggest that it was unaware of the agreements which the parties signed in 2007 up until 2021 (14 years) when it filed the current application,” the judgement reads.
“Given its interest in the affairs of the City of Harare, the applicant cannot be said to have been unaware of the agreements from 2010 to 2021″.
Dumba in 2010 led a special council committee that probed land deals in Harare but his bid then to cancel the deal flopped before the latest application.
“The applicant should have foreseen that its prejudice allegations would be seriously disputed and should have proceeded by way of action,” Mangota said.
“The Federation shall not be accorded a second bite of the cherry. Its case on the respondents stands on no leg. The application is in the result dismissed with costs.”
Sunshine Development is a Joint Venture Company (JVC) with the objective of building middle income houses and a hotel at Mabelreign Golf Course, develop a commercial centre at Hopley and Mukuvisi.-STAFF WRITER