MARONDERA, May 5 (NewsDay Live) — The High Court has effectively “thrown a joker” into the protracted dispute over Elmswood Farm, ordering both the Municipality of Marondera and Swandev Pvt Ltd to stay off the property pending finalisation of an appeal before the Supreme Court.
In a fresh ruling, Justice Fatima Maxwell interdicted both parties — and anyone acting through them — from carrying out any development, selling or allocating stands, or making public pronouncements regarding the 866-hectare remainder of Lot 1 of Elmswood Farm.
The court further directed the Zimbabwe Republic Police (ZRP) to enforce the order and ensure compliance, rejecting the municipality’s request to deploy its municipal police to maintain order at the site.
The order follows an urgent chamber application by the Municipality of Marondera seeking to block Swandev from continuing development works, arguing the matter is still sub judice. The local authority recently approached the Supreme Court after an earlier High Court ruling found it had unlawfully occupied the land, pegged residential stands and sold them to home-seekers.
Swandev, the registered owner of the farm, had successfully sought an interdict against the municipality, arguing its property rights were being violated.
In that earlier judgment, Justice Joel Mambara affirmed Swandev’s ownership, citing its valid title deed and constitutional protections under Section 71.
“The applicant has demonstrated a clear right of ownership in the property,” Mambara ruled. “Ownership of land is a most fundamental right… By virtue of its registered title, the applicant enjoys dominium over the farm, including the right to exclude others.”
He found that the municipality had no authority to dispose of land it does not own, describing its actions — including advertising and selling plots — as a direct infringement of Swandev’s rights.
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The dispute has also taken a criminal turn. On Monday, Marondera councillors and council officials appeared before the Marondera Magistrates’ Court facing contempt of court and assault charges after allegedly storming the farm and attacking Swandev workers.
The case is set to continue next Tuesday, as the broader ownership and development battle now awaits determination at the Supreme Court.
