High Court orders land developer to complete servicing at Alex Brook following impasse over contract

THE High Court of Zimbabwe has ordered Holy Heavens Development Company (Pvt) Ltd to continue and complete servicing works at its Alex Brook residential project, also known as Awake, in Kadoma.

In an order granted recently under case number HCH 1986/26, the court interdicted the company from discontinuing development works or withdrawing its personnel, machinery and operations from Lot 4 of Railway Farm 10A, Kadoma.

The court further ordered the developer to complete servicing of the stands, including roads, water and sewer reticulation.

The order followed an application by the Awake Beneficiaries Association, which represents home-seekers who purchased stands in the estate to force the developer not to renege on their contractual obligations to service the area.

In a judgement delivered by Justice Dembure, the court said the developer must progress with servicing.

“It is ordered by consent that the respondent is hereby interdicted from discontinuing development works, withdrawing personnel, machinery, or operations from Lot 4 of Railway Farm 10A, Kadoma, which is also known as Awake, or Alex Brook.

“The respondent is hereby ordered to continue and complete servicing of the residential stands, including sewer, water and roads,” the judgement reads.

In a statement this week, the Alex Brook residents’ association said it had since noted the return of personnel and machinery to the site.

“We welcome the commencement of development and servicing works by Holy Heavens Development Company in compliance with the High Court order. For our members, this is an encouraging step towards the serviced neighbourhood they have been waiting for,” the body said.

“We are pleased that work has commenced on the ground in accordance with the order. Our members want to see steady progress and completion of the services promised for their stands.”

Alex Brook is being developed as an upmarket residential suburb in Kadoma, but progress had stalled, with beneficiaries raising concerns over delays in provision of basic infrastructure.

The association said it will continue to monitor progress on site and engage the developer as servicing works advance.

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