Mnangagwa's govt wins Trabablas land dispute

The High Court has ruled in favour of the State in a high-profile land dispute, reaffirming the legal precedence of public infrastructure development over individual property claims when fair compensation has been rendered.

The case involved Mr Forbes Goka and Mrs Chipo Goka, who had taken the Ministry of Transport and Infrastructural Development to court, alleging that the government had unlawfully encroached on their property during the construction of the Trabablas Road Interchange in Harare.

The Gokas claimed they had sold only 555 square metres of their property to the ministry in August 2022, for which they received $251,070. Confident that the remainder of their land was secure, they fenced it off, only to later discover, on April 22, 2025, that contractors had entered the fenced area and commenced construction works.

The couple filed an urgent application seeking a spoliation order - a legal remedy to restore possession of property they said had been unlawfully taken. They argued that the disputed land was never part of the sale agreement and that their rights as private landowners had been violated.

However, the Ministry of Transport presented a different version of events. It claimed the correct size of the land sold was 2,150 square metres, not 555 square metres, attributing the discrepancy to a clerical error in the agreement. The ministry maintained that the Gokas had already been compensated for the full area, including the disputed portion.

The ministry further argued that the couple had voluntarily vacated the land and raised procedural objections to the Gokas' application, citing lack of urgency, a defective draft order, and failure to disclose material facts.

Presiding over the matter, Justice Joel Mambara dismissed the application, delivering a strongly worded judgment that found both procedural and substantive faults in the Gokas' case.

Justice Mambara noted that the applicants had failed to provide compelling evidence of unlawful dispossession, and that the spoliation remedy could not be granted where key facts had been withheld or distorted. He pointed out inconsistencies in the Gokas' founding affidavit and ruled that their claims lacked a clear legal foundation.

"The court found no proof that the Ministry forcibly deprived the applicants of possession," said Justice Mambara. "On the contrary, the evidence suggests that the land had been vacated after payment, and that no spoliation had occurred."

In balancing the rights of individuals against public interests, the judge ruled in favour of the broader societal need, especially given that the Trabablas Road Interchange, commissioned last week by President Mnangagwa, is a key national infrastructure project designed to improve traffic flow and regional connectivity.

Justice Mambara underscored the principle that individual remedies cannot override national development, especially when fair compensation has been duly paid.

While acknowledging the Gokas' sense of loss, the court made it clear that their attempt to halt the project could not be allowed to derail progress that benefits the nation at large.

The ruling strengthens the legal framework governing state-led land acquisitions, and reinforces the judiciary's support for development projects implemented in line with the law and public interest.