By A Correspondent| Spitzkop Farm Residents Association has trashed the demand by the alleged land owner Diana Catherine Rodrigues, a British citizen that she is in the process of recovering her former land as she has lost court battles twice and that the Association has moved on.
Spitzkop Farm Residents Association has won two court court applications brought by Rodrigues who claimed ownership of the land and lost.
Rodrigues in the first court application had asked the court for an order stopping the development of the farm as residential stands and they lost in the High Court case number 3862/20.
The alleged land owner also tried to place a caveat on the property on High Court case number 3671/24 and lost again.
Rodrigues was then ordered to pay costs in both matters, which is remaining outstanding and the costs have been taxed in excess of US$7000.
The association said Rodrigues has no physical address resulting in the association failing to execute against the court orders.
According to the Association in responding to Rodrigues application to repossess the land they submitted that the land was procedurally acquired as a Derelict land in terms of the laws of the land and cannot be reversed.
The Spitzkop Farm Residents Association said they placed the adverts in local newspapers for the whole month in November 2020 to give notice to any person having or pretending to have any rights of the land but none responded.
The Spitzkop Farm Residents Association were given title deeds of the land after all processes were followed and no one challenged it after placing adverts in the paper.
The Association also challenged the alleged Farm owner’s court application of citing a dead person Urebai Rodrigues saying doing that showed incompetent of their application since they did not cite the executor of his estate.
“It can be noted and, is without a doubt common cause that they are other partics herein that ought to have been included In particular, as can be gleaned from the urgent chamber filed under HCH3834 24, there are two developers at the property one of which actually has a subsequent title thereto.
“The application, without inclusion of the said individuals is unproper and cannot be allowed to proceed. It should, accordingly, be struck off from consideration,” they submitted.
Meanwhile, the Association through its Chairperson Artmore Chinoyevedza maintains that Rodrigues, who has failed to appear in person or engage meaningfully in any meetings, is a “non-existent” entity.
A case of possible impersonation is currently under investigation by the police under RRB 6020376, raising further questions about the legitimacy of her claims.
The Spitzkop Residents Association asserts that all legal procedures were meticulously followed to secure tenure and advertisements were placed twice in national newspapers, and thorough due diligence was conducted, including collaboration with the all-relevant administrative authorities.
They submitted that under section 13 of the Titles Registration and Derelict Lands Act, once title is granted, it is irreversible by law, guaranteeing secure ownership for the Association.
According to Chinoyevedza, “the Association’s work had aligned with the government’s land reform policy, which prioritizes equitable land distribution and the empowerment of marginalized communities.
They submitted that by rehabilitating the land from the damage caused by sand barons and bringing critical amenities to the community, the Association, through a consortium of developers and investors turned the property into a thriving properly planned and serviced residential area.
The Association added that their legal victories reaffirm their rightful ownership and highlight the significant role of land reform in building a better future for all Zimbabweans.