This comes as Padley Investments, a subsidiary of Chiyangwa’s Pinnacle Holdings, has confronted Grange Residents Association (GRA) with a Deed of Settlement, which both parties entered into after the residents had earlier sued the firm.
In the wake of an advert which this week claimed Padley Investments was selling stands “belonging to GRA”, its lawyers Kantor and Immerman, wrote to the association’s representatives stamping its rights to the land in question.
“We are instructed that … your client advised members of the public not to buy the land that is allegedly being sold by our client Pinnacle Property Holdings as the land was allegedly attached by your client pursuant to a court order issued in favour of your client.
“In short, your client insinuated that our client cannot sell its land in particular stand 710 in the Grange,” the lawyers said.
The lawyers said the statement was meant to harm and derail the company’s efforts to fulfil the terms of a deed of settlement entered into by both parties and recorded as a Supreme Court order.
The lawyers said that GRA had obtained a High Court judgment requiring Padley Investments to pay it $609 115,50.
They, however, said the High Court judgment had been contested before the Supreme Court.
The parties later entered into a deed of settlement, which was reduced into a court order.
“The Supreme Court in the order by consent referred to … set aside the High Court judgment. It follows therefore that the attachment of our client’s property, including stand 710 the Grange pursuant to the High Court judgment was set aside by the Supreme Court.
“Our client’s land is therefore not under attachment,” the lawyers said.
They further said it was agreed that Padley Investments would carry out the outstanding works, including road construction, which was supposed to be completed by April 30, 2020.
“It is only in the event of default by our client in carrying out the outstanding works and paying the bill as quantified by the president of the engineering council or his nominee that its property may be attached.
“Your client’s conduct jeopardises the sale of the land and derails the initiatives by our client to construct roads and complete the outstanding works as agreed,” they further said.
Padley Investments, said the lawyers, had neither failed nor refused to carry out the works as agreed, adding that land was being sold in order to fund the completion of the outstanding works.