THE Supreme Court has dismissed an appeal by the Municipality of Marondera of a High Court judgment in favour of property development company\u00a0Swandev\u00a0(Pvt) Ltd, following a protracted farm ownership dispute. <\/p>\n
The High Court found Marondera guilty of illegally moving onto Elmswood Farm, carving it up into residential stands and flogging them to hopeful homebuyers \u2014 until owner Swandev took the council to court.<\/p>\n
Justice Joel Mambara ruled Swandev was the lawful owner of the 886\u2011hectare farm, ending the confusing saga that left many buyers in limbo.<\/p>\n
However, the council appealed the ruling, but the appeal was dismissed on a technicality.<\/p>\n
\u201cReference is made to the civil appeal you filed on Thursday, the 19th of\u00a0February,\u00a02026. It is noted that you did not\u00a0comply with\u00a0Rule 24 (11) of the Supreme Court rules (2025) for the inspection of the record within the time specified,” the Supreme Court papers read.<\/p>\n
\u201cIn terms of subrule (12) of rule 24 of the afore-mentioned rules, the appeal is regarded as abandoned and is hereby dismissed,\u201d the Supreme Court ruled.<\/p>\n
In his High Court judgment, Justice Mambara said Swandev was the rightful owner of Elmswood Farm by virtue of being a holder of a valid title deed.<\/p>\n
\u201cThe applicant has\u00a0demonstrated\u00a0a clear right of ownership in the property. Ownership of land is a most fundamental right, protected both at common law and by section 71 of the Constitution of Zimbabwe (which safeguards property rights),\u201d the judgment read.<\/p>\n
\u201cBy virtue of its registered title, the applicant enjoys dominium over the farm, which includes the right to exclude others from the property and to refuse any unconsented sale or allocation of portions thereof. \u201c<\/p>\n
\u201cThe respondent\u2019s actions \u2014 advertising and selling plots on the applicant\u2019s land \u2014 plainly interfere with the applicant\u2019s rights as owner.\u201d<\/p>\n
He ruled that Marondera had no lawful authority to dispose of land it does not own.<\/p>\n
\u201cTherefore, the applicant\u2019s right is not only clear; it is being actively infringed by the respondent. The first requirement for an interdict is thus satisfied,\u201d he said.<\/p>\n
Rant du Toit had been contracted by\u00a0Swandev\u00a0to develop the property.<\/p>\n
However, operations were halted after the Municipality of Marondera moved onto the land, triggering a dispute that eventually spilled into the courts.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
THE Supreme Court has dismissed an appeal by the Municipality of Marondera of a High Court judgment in favour of property development company\u00a0Swandev\u00a0(Pvt) Ltd, following a protracted farm ownership dispute.<\/p>\n","protected":false},"author":2,"featured_media":5082,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[32],"tags":[908,909],"class_list":{"0":"post-5080","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-crime-and-courts-zimbabwe","8":"tag-justice-joel-mambara","9":"tag-swandev-pvt-ltd"},"yoast_head":"\n