By Staff Reporter
MARONDERA — THE Supreme Court of Zimbabwe has dismissed an appeal filed by the Municipality of Marondera against a High Court judgment granted in favour of property development firm Swandev (Pvt) Ltd, bringing to a close a long-running dispute over the ownership of Elmswood Farm.
The High Court had previously ruled that the municipality unlawfully occupied Elmswood Farm after moving onto the land, pegging residential stands and selling them to prospective home-seekers without legal authority.
The development prompted Swandev, the registered owner of the farm, to approach the courts seeking an interdict to stop the local authority from allocating and selling portions of the property.
In his ruling, High Court judge Justice Joel Mambara found that Swandev was the lawful owner of the 886-hectare farm.
Justice Mambara’s ruling clarified the legal position in a dispute that had left many desperate home-seekers uncertain about the status of the land.
The Municipality of Marondera subsequently noted an appeal against the ruling, but the matter was dismissed by the Supreme Court on procedural grounds.
“Reference is made to the civil appeal you filed on Thursday, the 19th of February, 2026.
“It is noted that you did not comply with Rule 24 (11) of the Supreme Court rules (2025) for the inspection of the record within the time specified,” the Supreme Court papers read.
“In terms of subrule (12) of rule 24 of the afore-mentioned rules, the appeal is regarded as abandoned and is hereby dismissed,” the Supreme Court ruled.
In the original High Court judgment, Justice Mambara held that Swandev was the rightful owner of Elmswood Farm by virtue of holding a valid title deed.
“The applicant has demonstrated a clear right of ownership in the property.
“Ownership of land is a most fundamental right, protected both at common law and by section 71 of the Constitution of Zimbabwe (which safeguards property rights),” the judgment read.
“By virtue of its registered title, the applicant enjoys dominium over the farm, which includes the right to exclude others from the property and to refuse any unconsented sale or allocation of portions thereof.
“The respondent’s actions, advertising and selling plots on the applicant’s land, plainly interfere with the applicant’s rights as owner,” further read the ruling.
Justice Mambara further ruled that the Municipality of Marondera had no lawful authority to dispose of land that it does not own.
“Therefore, the applicant’s right is not only clear; it is being actively infringed by the respondent.
“The first requirement for an interdict is thus satisfied,” he said.
The court heard that developer Rant du Toit had been contracted by Swandev to undertake development of the property.
However, the project was halted after the Municipality of Marondera moved onto the land, triggering the dispute that ultimately resulted in the court proceedings.
