Court grants Kaseplan Grand Industries joinder app...

Court grants Kaseplan Grand Industries joinder application in land dispute case

Nyashadzashe Ndoro

Chief Reporter

The High Court of Zimbabwe has granted Kaseplan Grand Industries (Pvt) Ltd’s application for joinder in a long-standing land dispute case.

Kaseplan Grand Industries (Pvt) Ltd, a beneficiary of a government offer letter, has been occupying Lot 1A Teviotdale Farm in Mazowe since 2011. Teviot Trust (Pvt) Ltd, the original owner, filed an application for a declaratory order to invalidate the acquisition of the farm and set aside any offer letters issued after 2004, including Kaseplan’s.

Kaseplan, fearing eviction, applied to join the proceedings, arguing that its exclusion was improper and it had a direct and substantial interest in the matter.

The court granted Kaseplan’s application for joinder, recognising its legal interest and the need for all parties to be heard to ensure a just and fair decision.

Justice Maxwell Takuva delivered the judgment, stating: “I take the view that the following are the issues confronting this court in this matter: whether or not the applicant has a legal and direct interest in the matter ... whether or not the first respondent suffers any prejudice if the applicant is joined to HC 3383/20 ... and whether or not it is in the interests of justice to have the applicant joined to HC 3383/20.”

The court found that Kaseplan Grand Industries (Pvt) Ltd has a direct and legal interest in the matter, stating: “The applicant’s fate is sealed as the applicant would be evicted if the first respondent's application under HC 3383/20 is successful.”

Justice Takuva cited the importance of joinder, stating: “Joinder is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon.”

“The interests of justice will be served by joining the applicant in that it is the holder of a valid offer letter which contains rights recognised in s 291of the Constitution.

“Further, given the dispute or controversy surrounding the first respondent’s application for a declaratur, joinder of the applicant will assist the court arrive at a proper and just decision as all the relevant parties would have participated,” the judge noted.

“If a non-joinder is maintained, the court will be clogged with numerous litigation between these parties over the same subject matter. For example, already an application for rescission of the first respondent’s order has since been argued and granted and now there is this application. Such results can be avoided for a good cause if the joinder in the main matter is ordered – see Sibanda’s case (supra).”

The court ordered that Kaseplan Grand Industries (Pvt) Ltd be joined to the proceedings under case number HC 3383/20 as the second respondent and that each party bears its own costs.