TOP businessman Kenneth Raydon Sharpe (pictured) has scored big against a land challenge by the Zimbabwe Homeless People’s Federation (ZHPF) after the High Court ruled that the court application was filed out of time.
The applicants, ZHPF, Knowledge Kwambana, and Warship Dumba were seeking cancellation of the deeds of transfer of the land measuring almost 100 000 hectres to Sunshine Development (Private) Limited.
Sunshine Development is a joint venture company (JVC) between HCC Sharpe’s Augur Investments, with the objective of building middle-income houses and a hotel at Mabelreign Golf Course as well as developing a commercial centre at Hopley and Mukuvisi phase one.
The matter spilled in the courts last year, with the applicants arguing that the land was supposed to benefit the less privileged homeseekers.
High Court judge Justice David Mangota still established that Sunshine Development also has the same at heart.
“For instance, whilst the applicant alleges that the transaction which brought about the agreements is prejudicial to the public, the first respondent, HCC, states in the same breadth that the same is beneficial to the public.
“I cannot under the stated set of circumstances, sing with the applicant or with the first respondent. Similarly, whether or not Sunshine Development was unjustly enriched is a factual matter which the applicant alleges and the respondents deny,” Justice Mangota said.
The judge also 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 when it filed the current application,” said the judge.
“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.
“The applicant does not explain why they did not apply or sue for more than three years which is reckoned from 2010 requires little, if any debate”, said Mangota .
Mangota also said misconduct issues as alleged by the applicants could not be resolved.
“The applicant should have foreseen that its prejudice allegations would be seriously disputed and should have proceeded by way of action.
“The applicant should have foreseen that its allegations of fraud, corruption and collusion would be seriously disputed by the respondents. It, notwithstanding, made up its mind to file this application instead of proceeding by way of an action,” read the judgement.
“The ZHPF cannot escape the sins of its own conduct. It shall not be accorded a second bite of the cherry. Its case on the respondents stands on no leg. Sunshine Development proved their three preliminary issues on a balance of probabilities. The application is in the result dismissed with costs,” ruled the judge.
Court papers show that a memorandum of understanding was entered into on 22 June 2007.-STAFF WRITER
