High Court issues declaratory relief in favour of Kadoma property firm, ending protracted legal battle

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By James Muonwa l Mashonaland West Correspondent 

THE High Court of Zimbabwe sitting at Harare has put finality to the protracted legal wrangle over the registration status of Balwearie Holdings (Pvt) Limited, which has been declared the sole company trading under that name.

The matter dragged the respondent, Registrar of Companies, who asserted the position of the court that Balwearie Holdings (Pvt) Limited company number 1898/20 is the only legitimate firm trading as such in the country.

Balwearie Holdings (Pvt) Limited, the property managers of Sabonabona housing project, is run by youthful Kadoma entrepreneur Believe Guta, who has been engaged in a long-drawn legal battle with Zane Patrick Heyns and Elizabeth Heyns, the directors of a dissolved entity using the same trade name.

Speaking to following the successful application for a declaratory and consequential relief, an ecstatic Guta expressed satisfaction with the court’s outcome.

“Justice Munangati-Munongwa granted our application in the above case. In that case the High Court nullified proceedings of an application for rescission of judgement filed by the dissolved Balwearie Holdings Private Limited company number 45/77 challenging our legitimate Balwearie Holdings Private Limited company number 1898/20.

“What that effectively mean is that my company Balwearie Holdings Private Limited company number 1898/20 has been held to be the only legitimate Balwearie Holdings Private Limited in Zimbabwe,” said Guta.

Previously, the Supreme Court has upheld the High Court’s decision declaring the Heyns’ couple’s Balwearie Holdings registered under company number 45/77 as legally non-existent following its dissolution.

The dissolved entity’s directors were holding onto the name, thereby disturbing the legitimate business operations of bonafide Balwearie Holdings, who are the directors of Sabonabona housing development project in Kadoma.

The Heyns forged CR14 documents misrepresenting they were directors of Balwearie Holdings in a bid to have locus standi, but the documents were discovered to be fraudulent.

This led to the arrest on fraud charges of Phillip Danga of Philjoy Secretarial Services who drafted them. Danga’s matter is still pending at the magistrates’ court.

Based on the misrepresentation, the Heyns attempted to evict scores of property owners from the 97 hectare Kadoma property, a move which, however, hit a snag.

The Supreme Court bench comprising of Justice Chinembiri Bhunu, Justice Hlekani Mwayera, and Justice George Chiweshe upheld two decisions of the High Court, firstly confirming the order issued by Justice Edith Mushore on July 8, 2022 declaring Balwearie Holdings registered under company number 1898/20 as the legitimate entity, while declaring that Balwearie Holdings under company number 45/77 was dissolved.

The Supreme Court also upheld the High Court judgment by Justice Emilia Muchawa, which ruled that Balwearie Holdings company number 45/77 can not sue or be sued as it is a dissolved entity.

In summary, the bench has recognised Balwearie Holdings (1898/20) as the only legitimate Balwearie Holdings in existence.

On the other hand, the Chief Registrar of companies Martha Chakanyuka confirmed through an affidavit that their index reflects that Balwearie Holdings (45/77) is dissolved.

The Supreme Court’s decision puts to rest doubts members of the public had around the legitimacy of Balwearie Holdings (1898/20) who are the genuine property managers of Sabonabona housing project.