High Court on Wednesday declared former Air Zimbabwe board chairperson Ozias Bvute the lawful owner of Crowhill Farm (Pvt)(LTD) in Borrowdale after an agreement was reached by consent.
This follows an ownership wrangle that had erupted over the property between Bvute, CrowHill Farms and Cephas Msipa (Jnr)
The order read: “It is ordered by consent that the applicant Bvute (Crowhill Farm Pvt Ltd) is the sole owner of the immovable property known as Chirika Extension of Borrowdale Estate measuring 121,4029 hectares and Lot J of Borrowdale Estate measuring 724,0475 hectares held under the deed transfer 1214/86 which property has been subdivided into 4 207 certificates of registered title denoted as stand numbers 1 to 4 207. All certificates of registered title currently in the name of the applicant are the applicant’s property,”
The first and second respondent (Crowhill Farms and Cephas Msipa) were ordered to “immediately return, upon the granting of the order all certificates of registered title in the name of the applicant.
Under the order, Crowhill Farms and Msipa, their employees, agents, representatives and anyone claiming and exercising any rights over Chirika Extension and Lot J Estates to immediately stop doing so.
The High Court order also ordered Crowhill Farms and Msipa to immediately surrender Bvute’s property and all developmental projects and immediately return to the applicant the Master title deed, the original copy of Crowhill Properties Owners Association constitution among other issues.
However, Bvute, Msipa and Crowhill Farms will be liable for all Zimbabwe Revenue Authority tax charges, municipal rates and charges.
Msipa, according to the court has never been part of Crowhill Farm (Pvt) Ltd but allegedly became involved with the company after he approached Bvute claiming that he could subdivide the farm as he had done at his Charlotte Brook Development.
The court documents say that the respondents subdivided some of the land and remitted 300 stands to Bvute’s company under the pretext that they were the only stands that had been subdivided.
According to the court, a site visit showed that Msipa had actually subdivided 4 000 stands and concerted efforts to stop his actions failed.
Upon receiving title deeds to facilitate the subdivision of the farm, it is alleged that Msipa handed over the title deeds to his sister-in-law’s law firm, BM Msipa and Associates, who have been assisting him to ‘perpetrate this fraud against the applicant company’.
Msipa allegedly doled out stands to several politicians, allegedly to buy favours.
To facilitate the alleged theft of the property, Msipa is said to have clandestinely registered a company called Crowhill (Pvt) Ltd as a subsidiary of Bvute’s Crowhill Farm (Pvt) Ltd.
Bvute who was represented by Thembinkosi Magwaliba also cited Themba Hlongwane, Registrar of Deeds and Sheriff of Zimbabwe as other respondents
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