Source: Marondera dragged to court for contempt over golf course dispute -Newsday Zimbabwe
THE trustees of the Marondera Country Club are suing Marondera Municipality and its town clerk for contempt over a dispute related to the golf course.
They are not seeking the court to order punitive measures or a term of imprisonment but rather to secure compliance and finality in a matter that has remained stagnant for far too long.
The trustees, through an affidavit filed by their chairperson, Neil Meikle, submitted that the application is for contempt of court.
They are also seeking a ruling that the Marondera Municipality be found in contempt of a court order granted on September 29, 2022, in case number HC 4837/22.
Meikle submitted that both respondents signed the settlement agreement, which was granted by the High Court, being the court order and consent settlement deed.
The High Court granted an order directing the municipality to provide the applicants with a signed lease agreement and to effect the processing of a new title as per the settlement order.
The respondents signed and agreed to the settlement order.
Meikle submitted that it was never their primary intention to initiate formal court proceedings, saying they have consistently endeavoured to remain patient, co-operative and responsive to all requests made by the municipality.
He said despite exhaustive efforts to resolve the matter amicably, the respondents have remained consistently unresponsive and unco-operative.
Meikle said they reached a point where no other viable alternative existed, as the respondents’ conduct had effectively closed all doors to an out-of-court resolution, leaving them with no choice but to seek the assistance of the court to protect their interests.
He said despite the respondents having knowledge of the order, they wilfully and maliciously failed or neglected to comply with the said order.
He submitted that the town clerk has not given them a signed lease agreement or processed the new title as ordered, despite several reminders to abide by the order.
The applicants submitted that Marondera’s actions are deliberate and constitute an impairment of the dignity, repute and authority of the court thus be found in contempt and ordered to comply with immediate effect.
In the order of the deed of settlement agreed on was that the trustees will retain ownership and possession of the stand measuring 2,18ha and the main country club building.
The trustees will be given a 99-year lease of the main country club and the negotiation for the lease rental in respect of the land shall be determined by a valuation report generated by government valuers.
They also agreed that the trustees shall continue leasing the existing golf course, which is depicted as stand 5330 measuring 48,6ha for an indefinite period, subject to payment of rentals to be determined by government valuers and pending the process contemplated.
The application is pending.
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