By Andrew Muvishi
A nine-year dispute between Marondera municipality and Swandev Pvt Ltd over the ownership of Elmswood farm has come to an end after High Court ruled in favor Swandev.
The dispute dates back to 2015 when Marondera residents were made pay amounts ranging between US$500 and US$1 500 to council.
Beneficiaries were set to get land in Elmswood with the assistance of the then Zanu PF candidate Lawrence Katsiru.
It later emerged that the land belonged to a private company, called Swandev.
The two parties have been locked in a dispute over the past nine years with several meetings ending in deadlock.
Swandev had approached the court after the council began advertising and selling stands on the farm without the company’s consent.
The company produced its registered title deed and a letter from the Minister of State for Mashonaland East confirming its ownership.
Court’s Ruling
Justice Joel Mambara dismissed the Municipality’s preliminary objections.
This included claims of pending litigation, non-joinder of government ministries, and challenges to the validity of Swandev’s title.
“The court emphasized that a registered title deed remains the strongest evidence of ownership unless lawfully cancelled through due process.
“The applicant’s title deed remains the best evidence of ownership and entitles the applicant to seek protection of its rights,” the judge ruled.
The ruling underscores the judiciary’s role in safeguarding property rights against unlawful encroachment.
The High Court noted that while urban expansion is desirable, it must be pursued legally.
“If the State wishes to acquire land for urban development, it must follow the constitutionally mandated processes and pay any requisite compensation.
“Short of that, a municipality has no right to help itself to a private party’s land.
“The courts will grant relief to prevent such an abuse of power or trust,” said Justice Mambara.
Marondera Municipality was also ordered to pay punitive costs.
The court criticised its conduct as unacceptable for attempting to dispose of another’s property without lawful authority.
The decision is expected to serve as a precedent reinforcing the protection of private landowners against unauthorized municipal actions.
