By Staff Reporter
THE Supreme Court has dismissed an appeal by a Harare church led by Nigerian clergyman, Nick Ohizu, in which it was challenging a High Court decision to evict it from the land owned by the National Railways of Zimbabwe (NRZ) following expiry of his lease with the parastatals, alleged outstanding rentals and violation of terms of lease agreement.
This dismissal settles a prolonged dispute stretching nearly a year.
The Church approached the Supreme Court seeking condonation and extension of time to appeal against the High Court judgement.
In a judgement delivered on 2 August 2024, the Supreme Court Justice Lavender Makoni dismissed the application with costs.
Ojei Ventures Private Limited and Redeemed House of God Church took the NRZ to the apex court late last year after a High Court judge dismissed their application for a spoliation order in the long-drawn eviction dispute.
The applicants alleged they were forcibly evicted from NRZ land which they had been leasing since 2003. The parastatals, however, argued it was owed over US$200 000 by the tenant, who also put up illegal subdivisions on the land for subletting as shops, thereby collecting large sums of money without remitting anything to the land owner.
The lease agreement expired in August last year and the NRZ opted against renewing it because of rental arrears and contract violations.
The former tenant was given a three-month notice to vacate the premises, which he had done and had advised his tenants of this development. He pleaded with NRZ to allow him to continue using his dwelling while looking for alternative accomodation. However, instead of vacating the premises, Ohizu opted to file for a spoliation at the High Court, which he lost.
He then appealed the ruling at the Supreme Court where he was turned down three times for failing to comply with the court’s rules.
Previously, the matter was struck off after the appellants failed to lodge security fees for costs as required by Supreme Court rules.
The church initially filed an urgent chamber application in December 2023, but it was struck off the urgent roll and erased from the record by Justice Emilia Muchawa.
High Court judge, Justice Emy Tsanga, dismissed the application for spoliation, stating that there was no forceful dispossession warranting a spoliation order. Dissatisfied with the ruling, the church appealed the decision to the Supreme Court, which has since upheld the earlier High Court decision.
The National Railways of Zimbabwe embarked on an exercise where it is seeking to maximize value from its assets. The Parastatal has been carrying out Estates verification exercise to account for all its premises and to ensure that the company collects market rentals from those occupying it’s land.
