Council Property Repossession – Coghlan and Welsh

Case Summary

CourtHigh Court of Zimbabwe

JudgeCheda AJ

PartiesTimothy Nkomo vs City of Bulawayo & Front Hunk Marketing (Pvt) Ltd

TypeReview Application

Core IssueReview of City Council's decision to repossess industrial stand

OutcomeApplication dismissed with costs

Key dates and events:

April 27, 1998: Initial agreement signed
January 27, 2011: Stand allocation (Stand 15357, Kelvin North)
November 2011: Council resolved repossession was irregular
January 2012: Council rescinded previous resolution

Purchase terms:

Purchase price: $85,000
Deposit paid: $21,250
Balance payable in three equal installments

Development requirements:

Building value: $425,000
Construction to commence within 6 months
Completion within 24 months
Property restricted to warehousing building materials

Legal Principles & Considerations

Requirements for review of administrative decisions

Council’s powers under Urban Councils Act [Chapter 29:15]

Section 89(1)(b): Power to rescind decisions

Contractual obligations:

Building requirements
Time limits for development
Notice requirements

Right to be heard (audi alteram partem)

Court's Analysis & Reasoning

Applicant failed to comply with development requirements:

No significant development for 14 years

Only constructed durawall (2002) and connected water (2005)

Notice requirements met:

Letters sent to provided address

Extension granted (June 2006 to May 2007)

Council acted within powers:

Legal authority to rescind previous decision

Decision based on contractual breach

Proper notices given

Applicant's arguments rejected:

No right to further hearing

Failed to show compliance

No explanation for lack of development

Final Orders & Implications

The Court:

Dismissed the application for review
Awarded costs on attorney-client scale

Key Implications:

Upholds Council’s authority to enforce development conditions
Confirms importance of compliance with contractual obligations
Establishes consequences of prolonged non-development
Reinforces Council’s power to correct erroneous decisions