Seventy-eight residents of Lindani suburb in Bulawayo have approached the High Court seeking to nullify a US$60 000 loan agreement allegedly secured using the original property from which their residential stands were created.
The residents argue that the land had already been subdivided and developed into a residential suburb when it was allegedly used as collateral for the loan, putting their property interests at risk.
They are seeking a declaratory order invalidating a mortgage arrangement between Godfrey Charamba Chirarapasi and William Peter Hewlett, as well as recognition of their respective sale agreements.
The application, filed at the Bulawayo High Court in October 2026, is yet to be heard.
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According to court papers, the dispute concerns Stand Number 4 of Rangemore Township of Lot G, Upper Rangemore, which was subdivided into residential stands under a City of Bulawayo subdivision permit issued in September 2018.
The applicants say they bought the stands from the original landowner, Wami Maria Theresa, through agreements of sale involving Chirarapasi and Tichaona Chirarapasi.
They state that they subsequently took occupation of their properties and began developing them.
“Between the time that the 5th Respondent authorised the sub-division of the 1st Respondent’s land aforesaid in the manner aforesaid, and to date, a full residential suburb has been built upon the land formerly known by description as Stand Number 4 Rangemore Township of Lot G of Upper Rangemore, Bulawayo,” read the court papers.
The residents say the dispute arose on February 4, 2020, when Chirarapasi allegedly offered the original property as security for a loan from Hewlett.
The loan was secured through an acknowledgement of debt and a first mortgage bond registered against the property, according to the court documents.
However, the applicants argue that the original property no longer existed as a single unit following its subdivision in 2018, rendering the mortgage arrangement invalid.
“The agreement/contract between the 2nd and 5th Respondents (Annexure ‘D’) was therefore a nullity ab initio, in that the subject matter described in the said contract no longer existed as at the time such agreement was consummated,” the documents read.
The applicants also allege that the loan arrangement was unlawful because Hewlett was conducting a money-lending business without the required permit.
They further challenge a default judgment allegedly obtained by Hewlett at the Kwekwe Magistrates Court under case number KKGL 60/23. The judgment reportedly resulted in a writ of sale in execution and an auctioneer’s notice.
The residents argue that the judgment should not be enforced against their properties because they were not parties to the proceedings, despite occupying and developing the subdivided stands.
“The judgement allows execution against ‘the land’ but the property has already been divided and benefited by construction of real estate upon the subdivided lands aforesaid,” the court papers read.
The applicants are asking the High Court to declare their sale agreements valid and set aside the mortgage arrangement, arguing that any attempt to execute against the original property would prejudice their ownership interests and developments.
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