A Hwange resident has taken the Hwange Local Board to High court for a breach of contract after the council demanded top-up payments for their housing stands.
In summons, Sibahle Sibanda is seeking a declaratory order to the effect that the offer letter in respect of stand number 1671 constituted a legally binding contract between the two parties.
Sibanda a memo from the council dated January 25, 2025 demanding top-up payments must not affect him in respect of his stand.
He said the council offered her stand number 1671 Donbosco, Hwange sometime in 2009
“The offer letter specifically stated that if the plaintiff accepted the offer he had to pay costs of service and land which amounted to US$2300,” Sibanda submitted.
Sibanda said she paid the amount in full.
“The plaintiff has interest in the property as he has built a house pursuant to the defendant’s offer,” she added.
“In January 2025, the defendant flighted an invitation to property owners and quoted what was called intrinsic value of the stand at US8 per square metre, together with administration fees and 15% VAT.
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“The defendant, despite being paid, did not service the stands. There are no roads, sewer systems or electricity.”
Sibanda said the council desired to benefit from its own breach of contract.
He said the council has threatened to repossess the land if he does not pay new value priced at US$8 per square metre.
“The plaintiff accepted the defendant’s offer on the terms stated therein and the latter cannot resign from the agreement after 15 years,” Sibanda said.
“Clearly there is a legally binding contract between the plaintiff and the defendant in light of the foregoing developments
“Wherefore, the plaintiff prays for the declaratory order to the following, that the offer and acceptance and the subsequent conduct by the defendant and the plaintiff respectively in respect of stand number 1671 constitute a legally binding contract between the parties for the sale of rights, title and interest, that the new invitation to land owners by the defendant dated January 25 on new payment terms shall not affect the plaintiff vis a vis stand number 1671.”
Sibanda prayed for the cost of the suit to be paid by the council.
The council is yet to respond to the summons.
The council’s decision also affected about 75 land owners according to the Greater Whange Residents Trust’s coordinator Fidelis Chima.
