News / National
Mereki leisure spot takes Harare City Council to court
14 Oct 2020 at 06:39hrs | Views
A HARARE outdoor leisure spot, popularly known as Mereki (Warren Park D) Community Trust, has taken the city council to court seeking transfer of the stand it operates from into its name.
According to the trust, sometime in June 2016, the City of Harare made an offer to sell the land at stand number 5153, Warren Park Township for $862 500, and the trust accepted the offer on June 23, 2016.
On November 30, 2016 the council released a tax invoice for the full purchase price in the name of the trust in respect of the stand.
"It was a material term of the contract for the plaintiff (Mereki [Warren Park] Community Trust) to make full payment of the purchase price which it has now done. Against the plaintiff's performance in terms of the contract, defendant (City of Harare) was required to ensure that title is transferred to the plaintiff," the trust said.
The trust added: "There was an agreement of the purchase price being the sum of $862 500 and the full purchase price has been paid and the defendant acknowledges the same. Since the conclusion of the contract, the defendant has been sending statements identifying the plaintiff with stand 5153 Warren Park Township.
"Despite lawful demand for transfer to be effected into the plaintiff 's name, the defendant has failed and/or refused to process the documents for the title to pass in favour of the plaintiff. Wherefore, plaintiff prays for an order that defendant takes all the necessary steps to pass transfer of stand 5153 of Warren Park Township into the plaintiff's name."
The city council is yet to enter appearance to defend the matter.
According to the trust, sometime in June 2016, the City of Harare made an offer to sell the land at stand number 5153, Warren Park Township for $862 500, and the trust accepted the offer on June 23, 2016.
On November 30, 2016 the council released a tax invoice for the full purchase price in the name of the trust in respect of the stand.
"It was a material term of the contract for the plaintiff (Mereki [Warren Park] Community Trust) to make full payment of the purchase price which it has now done. Against the plaintiff's performance in terms of the contract, defendant (City of Harare) was required to ensure that title is transferred to the plaintiff," the trust said.
The trust added: "There was an agreement of the purchase price being the sum of $862 500 and the full purchase price has been paid and the defendant acknowledges the same. Since the conclusion of the contract, the defendant has been sending statements identifying the plaintiff with stand 5153 Warren Park Township.
"Despite lawful demand for transfer to be effected into the plaintiff 's name, the defendant has failed and/or refused to process the documents for the title to pass in favour of the plaintiff. Wherefore, plaintiff prays for an order that defendant takes all the necessary steps to pass transfer of stand 5153 of Warren Park Township into the plaintiff's name."
The city council is yet to enter appearance to defend the matter.
Source - newsday