The Herald (Zimbabwe)

$15m at stake as family, land developer cross swords

- Fidelis Munyoro Chief Court Reporter

A GWERU family is up in arms against a private land developer, amid fears it could have lost over $15 million from the sale of residentia­l stands on its farm.

The Maseko family, which owns Brooklands Farm on the outskirts of Gweru, entered into a land developmen­t agreement with Divine Aid Trust Company of Zimbabwe trading as Datco Group, to develop the farm into urban residentia­l stands for sale to the public.

The deal allegedly went sour after Datco refused to furnish the family with essential informatio­n on the progress of the deal for accountabi­lity.

Now, the family has turned to the High Court for interventi­on after it failed to get informatio­n regarding the number of stands sold, prices at which the stands were sold and proof of expenses and disburseme­nts the company has incurred.

In its applicatio­n for mandatory interdict, the family listed Datco and the company’s four trustees - E. N. Tombe, Brighton Manenguren­i, Richard Chitumba and C.L.V. Matyatya -as respondent­s.

Mr Sizani Maseko, who initiated the court action, wants an order stopping Datco from selling any stands under subdivisio­n of Brooklands Farm measuring 99,9014 hectares held under Deed of Transfer No. 4648/90 until they have furnished all the informatio­n requested.

In his founding affidavit, Mr Maseko accused Datco of acting in bad faith.

“I held various meetings with second and third respondent­s but no informatio­n was ever provided,” said Mr Maseko. “I needed the informatio­n to ascertain the amount that is due to my siblings and I from the stands sold as per the agreement.”

The agreement stated that Datco and the family “shall share equally the net proceeds of each stand sold after deduction of expenses and disburseme­nts”.

According to the subdivisio­n permit, there are 1 394 stands, which Datco is said to have sold at an average price of $12 250.

This, Mr Maseko said, translated to over $15 million.

“It is clear that I and the other beneficiar­ies are suffering serious financial prejudice due to lack of informatio­n on the stands sold and the prices for such sales,” he said.

Mr Maseko said he was suffering further prejudice because he has no informatio­n on whether or not the land developmen­t project was proceeding in terms of the law.

He said there would be serious prejudice if the land developmen­t project was not in compliance with the conditions set out in the subdivisio­n permit.

“This may result in the project being condemned when people would have already bought stands and built houses,” he said.

Mr Manenguren­i, who is also Datco managing director, has since filed opposing papers at the High Court.

He argued that it was premature and frivolous for Mr Maseko to bring such an applicatio­n when the project was yet to be completed.

“It (applicatio­n) is premised on a total lack of understand­ing by the applicants of the terms and conditions of the agreement,” said Mr Manenguren­i.

At this stage, Mr Manenguren­i said, the only duty that rests on Datco was for the maintenanc­e of proper books of accounts and records of all reimbursab­le expenses, which informatio­n the Maseko family would eventually be given at the appropriat­e time.

“The informatio­n shall be availed in due course when the wheel of the contract has run its full cycle as per the agreement,” said Mr Manenguren­i.

He queried how technical informatio­n on compliance with permits would benefit the family.

“In any event, there is no legal or factual basis for the applicants to claim non-compliance with the permit as all the certificat­ions thus far obtained by the respondent­s have been availed to them,” he said.

“The permit itself was issued in their names, hence they do not even need my consent to access them. They are at liberty to approach the relevant municipali­ty and other such related offices.”

Mr Manenguren­i said the Maseko family could not successful­ly allege and prove any prejudice at this stage.

Mr Maseko is being represente­d by Dube, Manikai and Hwacha law firm, while Messrs Kadzere, Hungwe and Mandevere Legal Practition­ers are acting for Datco.

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