The City of Harare v Soul Kenneth Manyasha

### Preamble
HH 85-10
HC 3174/08
THE CITY OF HARARE
versus
SOUL KENNETH MANYASHA
THE CITY OF HARARE
versus
SOUL KENNETH MANYASHA
HIGH COURT OF ZIMBABWE
BHUNU J
HARARE, 1 April, 18 May, 20 May, 1 June, 2 June 2009 and 26 May 2010
Civil Appeal
D Kanokanga, for the defendant
P Kawonde, for the plaintiff
---------

| 1.  | A J DHLIMA            | 3704 - 230 | Samora Machel | $722 960-00    | 18 Years      |
| 2.  | E GACHANGE            | 3706 - 234 | Samora Machel | $651 580-00    | 7 Years       |
| 3.  | S MANYASHA            | 3829 - 4  | Hampshire Drive | Wrongly valued as Stand 3818 | 6 Years       |

Despite the initial notice to cancel the lease agreement and the error made in the course of the evaluation the City’s Acting Director of Housing and Community Services wrote to Manyasha on 1 March 1999 offering to sell him the house in question. The letter reads:

“Dear Sir/Madam”


SALE OF TIED RENTED COUNCIL HOUSES

Council intends to sell its tied to sitting in tenants.

If you are interested in purchasing the house you are currently occupying please report to the office of the Research Unit Department of Housing and Community Services Old Superintendent’s office, Mbare, Harare, Telephone 726093 4 March 1999 at 8.00 a.m., where further details of the scheme can be obtained and where you will be interviewed to assess you eligibility.

You should bring this letter together with your:

(a) Identification Papers

(i) National Registration cards (NR)
(ii) Marriage Certificate (if any)

(b) Proof of your earnings and your wife’s earnings if applicable (that is current payslips).

(c) Proof of any savings you may have accumulated (savings account books) and/or letter from your employer stating precise financial assistance.

Should you fail to attend this interview or advise of your inability to do so, it will be assumed you are not interested.”

The evidence adduced before the court clearly establish that the defendant complied with all the terms and conditions of the sale. Not withstanding the error in the description of the property to be sold there was no mistake as to the identity of the property which was the subject of the sale. The subject of the sale was undoubtedly the house in which the defendant was a sitting tenant.

The defendant having complied with all the terms and conditions of the sale agreement he is entitled to take transfer of the property. On the other hand the plaintiff having sold the property to the defendant it can not evict him from the property which now belongs to him.

In the result it is ordered:

1. That the plaintiff City of Harare’s claim for eviction be and is hereby dismissed.
2. That it is declared that the defendant Soul Kenneth Manyasha has paid the full purchase price under the rent to buy agreement.


3. That within ten days of service of this order upon The City of Harare shall do all such things as are necessary to effect transfer of a certain piece of immovable property known as number 4 Hampshire Road, Eastlea to Soul Kenneth Manyasha.

4. Should The City of Harare fail to comply with the above order the Deputy Sheriff be and is hereby ordered to do all such things necessary to effect transfer of the said property to Soul Kenneth Manyasha.

5. That The City of Harare shall bear all the costs of suit.

Kanokanga & Partners, plaintiff’s legal practitioners
Kawonde & Company, defendant’s legal practitioners
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