Aspindale Park Land Dispute: Joshua Nkomo Housing Co-operative Speaks

Joshua Nkomo Housing Co-operative has spoken on the Aspindale Park land dispute saying they are the rightful owners of the land that is also claimed by businessman Billy Rautenbach. Pindula News present the co-operative’s statement made through its lawyers, DNM Attorneys.

PRESS STATEMENT IN RESPECT OF STAND 48 ASPINDALE PARK

We, DNM Attorneys, legal practitioners for Joshua M. Nkomo Housing Co-operative Society Limited, have been instructed by our client to issue this Statement to clarify the position regarding their occupation of Stand 48 Aspindale Park.

This statement is made with full consciousness of pending litigation in respect to some aspects of the dispute between our Client and Marimba Residential Properties Limited. To that end, we shall restrict ourselves to stating facts that are common cause and not presently subject to contestation in the matters that are pending in Court for purposes of correcting misinformation and disinformation that is being peddled by Marimba Residential Properties and its agents. These are the facts:-

1. Our client was allocated Stand 48 Aspindale Park by government in 2004 and authorized to develop the land for residential purposes. All the developments were done with the blessing and approval of the Department of Physical Planning in the Ministry of Local Government and the City of Harare.

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2. To our knowledge, Marimba Residential Properties Limited does not have any Court Order authorizing it to take possession of land that is currently occupied by our client and its affiliates. Our clients have on several occasions requested Marimba Residential Properties to produce a Court order vindicating the land in question. We are not aware of any pending litigation wherein Marimba Residential Properties is seeking vindication of its rights in the land in question.

3. Our client and its affiliates developed residential stands and allocated to beneficiaries who proceeded to build and occupy houses since 2004.

4. Our client’s members and affiliates were in peaceful and undisturbed occupation of the land until 2018 when Marimba Residential Properties came on site, purporting to act on the alleged cancellation of the offer letter by an official in the Ministry of Local Government

5. The purported cancellation of the offer letter was challenged by our client in the High Court under Case No. HC3170/18 and the matter is still pending in the High Court.

6. Our client’s affiliates, Wadzanai Housing Co-operative and Leopold Takawira Housing Co-operative obtained Court orders setting aside the purported cancellation of the offer letter.

7. It is worth highlighting that the offer letter purportedly cancelled is in respect of the whole of Stand 48 Aspindale Park. It is indivisible.

8. The political posturing and statements that are being made by certain individuals regarding the ownership of Stand 48 Aspindale Park are not supported by any order of Court and are of no legal force or effect.

For any queries regarding the facts stated herein email info@dnmattorneys.com

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