High Court orders Leengate to vacate Rainham land

The High Court has ordered Leengate (Private) Limited, a local property developer, to vacate land at Rainham Farm within 30 days after it was found to have illegally encroached on land owned by Mitchell Corporation (Private) Limited.

The ruling, delivered by Justice Joel Mambara, followed an application for a summary judgment by Mitchell Corporation seeking Leengate's eviction from Stand 643. Mitchell Corporation argued that Leengate, or its agents, had erected buildings and other structures on the land without any legal authority, lease agreement, or consent. The court agreed, finding that Leengate had failed to raise a bona fide defence or present a triable issue.

Leengate had denied any wrongdoing, claiming instead that a third party, LLH Engineering Projects (Private) Limited, was responsible for the structures in question. However, Justice Mambara ruled that Leengate's defence lacked credibility, pointing out that the company had not provided any affidavit from LLH Engineering nor any documentation proving its independent operations on the land. He noted that Leengate's attempt to blame a non-party without sufficient evidence was inadequate.

"The opposing affidavit does little more than assert 'the structures belong to LLH, not us,'" said the judge. "It does not explain the relationship between Leengate and LLH Engineering - whether LLH is a completely independent third party or a subcontractor working on behalf of Leengate."

He added that the absence of supporting details or third-party confirmation raised serious doubts about the legitimacy of Leengate's defence. The judge criticized the company's conduct as an abuse of court process and awarded costs against it on a legal practitioner-client scale, ensuring Mitchell Corporation would be more fully indemnified for its legal expenses.

The court was told that in mid-2024, Zvimba Rural District Council conducted an inspection that confirmed a boundary wall built by the occupier of adjacent Stand 179 had encroached onto Mitchell Corporation's Stand 643. The Council communicated this finding in an email dated 15 July 2024, addressed to Mitchell Corporation and copied to a Leengate representative, K. Bhunu. The occupier was instructed to rectify the encroachment.

Following this, Mitchell Corporation's lawyers sent a letter of demand to Leengate, which responded through its own legal practitioners acknowledging the issue. In that letter, Leengate's lawyers proposed a boundary adjustment or an outright purchase of the disputed land as a way to resolve the matter. The companies involved - Leengate and LLH Engineering - were said to hold the adjacent stands flanking Stand 643.

Despite these communications and promises, no corrective action was taken, leading to the filing of the lawsuit. In its plea to the court, Leengate shifted its position, denying any encroachment and omitting earlier admissions or the involvement of LLH Engineering.

Justice Mambara found this change in position unconvincing and ruled that the applicant had met all the requirements for summary judgment. He ordered that Leengate and all those claiming occupation through it, including LLH Engineering, vacate Stand 643 within 30 days. The company was also instructed to remove all structures, materials, equipment, and installations placed on the land and to restore the site to its original state.

In the event that Leengate fails to comply within the specified time, the court authorised the Sheriff of the High Court to carry out the eviction and demolish all remaining structures. The Sheriff may enlist the assistance of the Zimbabwe Republic Police and the Zvimba Rural District Council, which was also directed to facilitate enforcement where administrative action is required.

The ruling marks a significant win for Mitchell Corporation in a dispute that had dragged on for nearly a year. It also sends a strong signal to developers over the legal consequences of illegal occupation and shifting responsibility without proof.