Kasukuwere’s company takes Mutare Town clerk to court over property

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By Ebenezzer Sibanda

EXILED former Local Government Minister Saviour Kasukuwere has taken Mutare Town Clerk Joshua Maligwa to court in a dispute over a stand in the eastern border city.

Maligwa and a company called Starkist Enterprises (Pvt) are cited as respondents in summons issued by Kasukuwere’s company Comoil at the High Court in which the petroleum company wants an order terminating a contract between the City of Mutare and Starkist.

According to summons filed by Comoil at the High Court, in January 2008 Comoil and Mutare City Council entered into an agreement in which Kasukuwere’s company purchased a piece of land for $75 000 000 000.00.

“On or around the 29th of January 2008, the applicant (Comoil) entered into an agreement of a sale with the 1st respondent (Mutare City council). In terms of this agreement the 1st respondent (Mutare City Council) sold a piece of undeveloped, serviced and surveyed piece of land covering stands 1015-1017, each measuring 892square meters at a purchase of $75 000 000 000.00,” the summons read in part.

Comoil reportedly paid for the land in full according to the papers before the High Court.

A few weeks after full payment, Comoil was informed of an administrative error in which stand number 1017 was allocated to Starkist. Comoil agreed to pass the ownership of the stand to Starkist.

“A few weeks after completing the transaction, it was revealed that an administrative error had occurred and 1st respondent had allocated Stand number 1017 to a third party (Starkist). “Following discussions the owing to the existing relationship with the 1st respondent,  the applicant agreed to release the said stand and retain stand numbers 1015-1017,’ Comoil submitted.

On 2 December 2008 Comoil, made an application letter to develop a service station complex on the purchased land.

Maligwa and Mutare City Council have reportedly dragged their feet in examining Comoil’s application for three years now with no progress in sight.

In late 2017, Comoil said a meeting with one Mr Nyatoti and Mr Bingura was held to clear allegations that stand 1016 was also registered under Starkist, but was assured that the issue was just an administrative error and would be corrected.

Comoil did follow ups and wrote an application to Maligwa on 29 May 2018 enquiring on the progress of the issue and received no response according to the papers they provided to the court.

Continuous engagement between the parties is still there and the agreement of sale has not been terminated or cancelled.

The case is still pending.