The High Court has ruled in favour of Harare resident Cephas Tapiwa Muneri, declaring him the rightful holder of rights and interests in a contested Haydon Park stand, after a protracted legal battle with Delatfin Civil Engineering and controversial land developer Felix Munyaradzi.
In a judgment delivered on September 8, Justice Siyabona Musithu declared that Muneri is the lawful owner of Stand 1650, Haydon Park, Sandton, measuring 1,097 square metres, and blocked attempts by Munyaradzi's firm to repossess the property.
"The applicant is hereby declared the lawful holder of rights and interests in Stand Number 1650 Haydon Park, Sandton," ruled Justice Musithu. "The attempt by the first and second respondents to repossess the stand from the applicant is hereby declared unlawful."
Muneri bought the property in 2017 through Rawson Properties, later formalising the deal directly with Delatfin Civil Engineering, represented by Munyaradzi. He paid all fees, including a US$650 regularisation charge to Zvimba Rural District Council, and had been living at the property since 2017.
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But in December 2024, Muneri was shocked to see a public notice threatening repossession unless he paid for the land again, this time at US$55 per square metre.
Delatfin argued it had never received the original purchase price, claiming the money was misappropriated by rogue employees, including convicted fraudster Saymore Mutakura.
Muneri insisted he had done his due diligence and dealt directly with Munyaradzi, who personally signed off on the agreements. He accused the company of trying to extort him, telling the court: "The alleged fraud was an internal matter to be resolved between the first respondent and its employee. I cannot be made to pay for the property twice."
Justice Musithu rejected Delatfin's defence, noting that Munyaradzi had signed the agreements himself and never moved to invalidate them.
"Merely denying their legality in an opposing affidavit did not have the desired effect of nullifying them," the judge said. "The first respondent's arguments were ill-conceived for as long as no attempt was made to have the agreements declared null and void."
The court found Muneri had demonstrated a direct and substantial interest in the property, and that his rights were under threat from what it described as unlawful attempts to repossess.
The High Court ordered Zvimba Rural District Council to officially register Muneri as the lawful rights holder, and directed Delatfin to pay his legal costs.
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The ruling is the latest twist in Zimbabwe's long-running land disputes involving private developers and residents who often face double allocations, fraudulent sales, or threats of repossession years after purchase.
