High Court dismisses Shopex application with costs

16 Aug, 2011 - 00:08 0 Views

The Chronicle

property that it sold to Jockstar Investments five years ago.
The property, Zizalisari Lot 4 also known as Mount Pleasant Heights Phase Two, measures 84 583 hectares and is being developed by Jockstar Investments (Pvt) Limited. Justice Samuel Kudya in his ruling said the application in which Jockstar and IBI Property and Infrastructure (Pvt) Limited were cited as the first and second respondents respectively was clearly an abuse of the court process and expressed displeasure.
“I am satisfied that these contentions demonstrate that the applicants (Oniyas Gumbo and Shopex) were aware of the developments on the property long before July 20 2011. The applicants have always been locked in dispute especially with the first respondent (Jockstar) who has been firmly embedded on the property.
“It defies human experience that they would have been ignorant of the activities on the property until after July 20 2011,” he said.
Shopex and Mr Oniyas Gumbo had made an application seeking to stop activities on the land in question. “I confirm that roads are being graded and some being tarred at an unusually high speed. First applicant is also in the real estate business and I accordingly am in the know in respect of issues relating to land development.
“The rate at which the developments in issue are proceeding together with the number of the earthmoving equipment being used has never been seen by myself in this country. It is ultrasonic, which clearly shows that the respondents have something to hide,” said Mr Edmore Mutara in an affidavit filed on behalf of Shopex and Gumbo.
In a notice of opposition Engineer Antony Parehwa, the director of the two companies, said it was common cause that Jockstar clearly paid for the property through Stanbic, NMB and Standard Chartered Bank.
The judgment confirms this position.
He said developments were lawful and the applicant had showed no basis to stop them. He also attached a letter allegedly written to Gumbo by former Jockstar chairman, the late Ngugi wa Mirii in which he held Gumbo responsible for any harm that befell him.
In the court papers, Gumbo acknowledges receiving the letter that Ngugi wrote. An agreement in 2006 between Jockstar and Shopex gave the former rights to sell and develop the land.
Jockstar immediately took occupation and possession and began implementing the agreement and developments were put in place from 2006, it is alleged.
Shopex was made to pay Jockstar lawyers, Machingambi Legal Practitioners, on a higher scale.
Advocate Thabani Mpofu and Vote Muza represented Shopex and Gumbo respectively.
An order awarded in favour of Jockstar Investments in 2009 also interdicted Gumbo from interfering with the developments in any way whatsoever including publicising it in the public and electronic media.
In 2008 in Case HC 6467A/08 Gumbo failed in his attempt to stop the development.

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