Former Cabinet minister Petronella Kagonye and her company, Glorious Properties (Pvt) Ltd, have lost a major High Court battle over the ownership and acquisition of Clovadael B of Galway Estate in Ruwa after the court granted a declaratory order in favour of Ruwa Estate (Pvt) Ltd and One Mzuri Estate (Pvt) Ltd.
The ruling nullifies the state’s acquisition of the property and subsequent allocation of the land to Glorious Properties, bringing to an end a dispute that has spanned more than two decades.
High Court Judge, Justice Samuel Deme declared that the acquisition of Clovadael B of Galway Estate, held under Deed of Transfer No. 946/48, was null and void.
He also set aside the purported acquisition carried out under the Land Acquisition Act and Section 16B of the former Constitution, while directing the Registrar of Deeds to remove all caveats and endorsements placed on the property and its subdivided lots.
On this topic
The applicants, represented by advocates Garikai Sithole and Bruce Israel Masamvu relied on correspondence from government officials regarding the property’s status, including a 2021 Ministry of Lands letter questioning earlier attempts to transfer the land and recommending its reinstatement to Ruwa Estate.
Glorious Properties, represented by Tonderai Bhatasara, opposed the application, arguing that the land had been lawfully acquired by the State under Section 16B of the former Constitution and that ownership had vested in the State.
The defence lawyers argued that once the land had vested in the state, any challenge to the acquisition was legally untenable and that Glorious Properties’ rights flowed from the state’s lawful allocation of the property.
Justice Deme made the ruling after finding that the property had been improperly acquired despite evidence that it had already been subdivided and converted from agricultural land before the State sought to compulsorily acquire it.
He further declared that the Ministry of Lands acted unlawfully in acquiring the property and allocating it through the Ministry of Local Government to Glorious Properties, finding the process inconsistent with General Notice 330A of 2001, the former Constitution and the Land Acquisition Act.
The dispute sought to clarify whether Clovadael B still existed as agricultural land when it was listed for compulsory acquisition in 2001.
Ruwa Estate argued that a subdivision permit issued in 1999 had already created separate lots and a remainder designated for agro-residential use, a position supported by subsequent planning approvals and a Certificate of Compliance issued in March 2001.
The applicants maintained that General Notice 330A of 2001 was defective because it sought to acquire the original property after it had been subdivided and converted from agricultural land.
The lawyers argued that the newly created lots were never gazetted for acquisition and were not included in Schedule 7 of the former Constitution.
The judgment follows years of litigation involving the property. In April 2013, government officials announced the handover of the land for urban expansion and Glorious Properties was appointed to undertake infrastructure development for residential stands. However, Ruwa Estate challenged the move, maintaining that the land remained privately owned.
In 2015, Ruwa Estate filed urgent court proceedings against Nyagui Housing Trust, Glorious Properties and Kagonye, accusing them of interfering with its possession of the property.
The High Court granted an order then, restraining the respondents from destroying infrastructure, cutting trees and interfering with lawful occupiers of the land.
Support CITE’s fearless, independent journalism. Your donation helps us amplify community voices, fight misinformation, and hold power to account. Help keep the truth alive. Donate today
Leave a Reply