On 13 April , the parties argued an application for a joinder before me, and I reserved judgment. The applicant states that the other half was held by the late Alison Jean Diedericks.
The property was lawfully acquired by the State, but the applicant and co-owner remained on the property. The applicant contends that it has always advocated for the right of retention over these properties.
This is confirmed by the various correspondence that has exchanged hands amongst the applicant, the first and second respondents via their legal practitioners, among other things. I must say that these exchanges were filed and appear in the record.
There is also indisputable evidence filed of record showing that the fate of the property in question has never been conclusively resolved. In this respect, the letter dated 8 November on pages of the record from the applicant to the second respondent has a part which reads:.
We had our last meeting with Mrs Mlalazi as the Principal Director in July together with Chief Musara, who has since taken over our service station and Diedricks who were our partners after the intervention by the Minister, Hon July Moyo. Later in this judgment, I will return to comment on the two letters whose portions I have referred to. What is further apparent from the papers is that, on many occasions the applicant sought to negotiate sale or lease of the stands in issue, but with its ultimate goal being the retention of the properties.
