In a landmark ruling, the Zimbabwe High Court declared that a tenant could take ownership of a property where he had been continuously paying rental rates for 30 years.
This development came to the fore when the Bulawayo High Court granted ownership to a tenant who had rented a farm in the Bubi district of Matabeleland North Province and had paid rates and rents continuously since 1986. The ruling was based on the country’s statute of limitations, which stipulates that individuals can take ownership of a property they rented and paid all 30-year leases, which is likely to open the floodgates for renters, especially those who have rented a property for more than 30 years.
according to Court Papers Mr Ismail Kusavunga Kajuru, represented by his lawyers from Cheda and Cheda Associates, has filed a lawsuit against the original owners of the farm he was leasing, Humble Estate Private Limited, challenging ownership of the property under the statute of limitations.
“Sometime in 1986, I acquired a 364-hectare farm in the Bubi area. I was a business partner of then farm owner Neil Stewart John Stone. We carried out farming and mining activities on the farm until 1989 when Neil Stewart John Stone left the property to me.
“Since 1989, I have been in undisturbed possession of the farm as I have continued to farm to this day. I have been in possession of the farm for 36 continuous years and have been responsible for paying duties and taxes to the farm. I am attaching herewith the confirmation letter from Bubi Rural District Council. I have been advised by legal practitioners On the advice I accept, which is that Section 4 of the Prescription Act provides for things to be obtained by prescription,” Mr Kajuru’s affidavit reads in part.
According to court papers, Mr. Kagoro’s lawyers sent summons to the Humble Estate’s last known address, and also did so via advertisement in our sister newspaper, the Chronicle, all to no avail in terms of locating them.
On the other hand, Bubi Rural District Council confirmed in a letter to the court that Mr Kajuru was kept up to date with regard to rents and prices. In his ruling, Justice Maxwell Takova confirmed the transfer of ownership of the 364 hectare farm to Mr Kajuru.
“After reading the documents tendered on record and hearing Mr Nkosienzile Mpofu on behalf of the plaintiff, an order was made declaring the plaintiff the owner of a certain plot of land, registered in the name of the first defendant namely the second plot of land Lavendon, located in the district.Bobby, with an area of 364 hectares, is owned under a conveyance deed No. 1827.98 by public prescription “He owned the property as if he had been the owner from 1986 to the present day,” part of the ruling reads.
Justice Takova also directed that the Registrar of Deeds and High Court Bailiff sign the transfer papers and do any other necessary action to pass the transfer of property in Mr Kajuru’s name, within 10 days of the grant of the court order.
Article 4 of the Prescription Law states: “…a person shall by prescription become the owner of a thing which he has publicly possessed as if he had been in possession of it for an uninterrupted period of 30 years; or the period which constitutes, together with any periods during which his ancestors possessed the thing , a continuous period of 30 years.”
The statute of limitations also deals with debts, as it stipulates that the debt expires after the expiration of the period, which applies in terms of the relevant legislation regarding the statute of limitations on this debt.
According to the law, the period for the extinguishment of the debt is: 30 years, in the case of a debt secured by a mortgage bond, a judicial debt, a debt related to taxes imposed or imposed under any law, or a debt owed to the state in relation to any tax, royalty, tribute, profit share, or fees. or other similar consideration payable in connection with the exploitation of, or the right to profit from, minerals or other materials. Sunday news
