Nyambirai's TN Baker wins property feud

The High Court has ruled in favour of businessman and lawyer Tawanda Nyambirai's company, TN Baker (Pvt) Ltd, ordering AmarisSA (Pvt) Ltd to vacate a contested portion of prime real estate on 17 Samora Machel Avenue, Harare.

Justices Faith Mushure and Joseph Chilimbe overturned a previous magistrates' court decision, affirming that TN Baker holds a valid lease and that AmarisSA had unlawfully encroached on its leased space.

"The appeal is allowed with costs. The application for eviction be and is hereby granted… the respondent and all those claiming occupation through it are ordered to vacate forthwith," Justice Mushure ruled.

The dispute involved shops and a delivery panhandle within the property. TN Baker argued that it was paying rent for 711 square metres but only occupying 668, with the remainder occupied by AmarisSA's subtenants. AmarisSA denied encroachment and questioned TN Baker's legal standing, but the court dismissed these claims.

Justice Mushure noted, "This is a typical case where the court was confronted by a mere allegation of a possible dispute of fact. The holder of a lease has a clear right derived from the lease agreement to take occupation of the property leased to him and to sue for the eviction of any illegal occupier."

The ruling instructs the Messenger of Court to enforce the eviction should AmarisSA fail to vacate voluntarily.

The conflict dates back to 2016 when AmarisSA ceded property rights, enabling TN entities to negotiate directly with landlord Glicknett Investments. TN Baker subsequently secured a lease running until October 2026, but disputes resurfaced in 2024, culminating in the recent High Court proceedings.

TN Baker was represented by Beatrice Mtetwa & Tawanda Nyambirai Legal Practitioners, while AmarisSA was represented by James Majatame Attorneys.