Norton legislator Temba Mliswa yesterday withdrew his application at the High Court seeking to bar land developer Maparahwe Properties from demolishing houses belonging to cooperatives allocated stands at Kingsdale Farm.
Mliswa's lawyer Advocate Keith Kachambwa withdrew the matter before Justice Felistus Chatukuta after it became clear that the case would be thrown out for lack of merit. Maparahwe Properties lawyer Mr Cuthbert Mpame confirmed the withdrawal of the case and the awarding of costs at a higher scale against Mliswa.
He said Justice Chatukuta had an interaction with the lawyers before hearing the case, where it was pointed out that Mliswa's case was dead, as it been dealt with by the High Court and the Administrative Court.
Mr Mpame said there were irregularities in Mliswa's application, with some affidavits having been forged. At least five of Mliswa's witnesses filed separate affidavits indicating they had been forced to support him, he said. In his urgent application Mliswa wanted an order barring all demolitions and have all the eviction proceedings instituted by Maparahwe Properties stayed until the finalisation of the matter.
Mliswa and Norton Residents Development Trust were the applicants in the case, while Maparahwe Properties (Pvt) Ltd, Norton Town Council, Lands and Rural Resettlement Minister Douglas Mombeshora and Local Government, Public Works and National Housing Minister Saviour Kasukuwere were listed as respondents.
He argued that Maparahwe Properties had no right to evict the occupiers of the land settled on the farm following the Land Reform Programme.