Court grants farm ownership to tenant after 30 years of rent

The High Court of Zimbabwe ruled in a historic decision that a tenant who has been continuously paying rent and rates for 30 years is entitled to ownership of the property. The development gained prominence when a tenant who had been renting a farm in the Bubi District of Matabeleland North Province and regularly paying rates and rentals since 1986 was granted title by the High Court in Bulawayo. Tenants, particularly those who have leased a house for more than 30 years, are likely to take legal advantage of the verdict, which is based on the nation's Prescription Act, which stipulates that persons can become the owners of a property they have rented and paid all rentals for 30 years.

Court records say that Mr. Ishmael Kusafunga Kaguru, along by attorneys from Cheda and Cheda Associates, had sued Humble Estate Private Limited, the farm's original owners, to contest the property's title under the Prescription Act. "I took possession and occupation of a 364-hectare farm in the Bubi district at some point in 1986." Neil Stuart John Stone, the farm's owner at the time, and I were business partners. The farm was used for farming and mining operations until 1989, when Neil Stuart John Stone left me ownership of the land.

I've had unhindered ownership of the farm since 1989, and I've carried on farming there up until this point. For the entire 36 years that I have had open possession of the property, I have been in charge of paying all levies and taxes associated with it. The confirmation letter from Bubi Rural District Council is attached. A portion of Mr. Kaguru's affidavit states, "I am advised by my legal practitioners, which advice I accept, that section 4 of the Prescription Act provides for acquisition of things by Prescription."

The court documents show that, in an attempt to locate Mr. Kaguru, his attorneys filed a summons to the last known address of Humble Estate and also advertised in our sister publication, Chronicle. Nevertheless, their efforts were fruitless. On the other hand, Bubi Rural District Council attested to the court in a letter that Mr. Kaguru's rent and rates were current. Justice Maxwell Takuva affirmed in his ruling that Mr. Kaguru had been granted ownership of the 364 hectare farm.

Section of the judgment states, "After reviewing record documents and hearing from Mr. Nkosiyenzile Mpofu on behalf of the plaintiff, it is ordered that the plaintiff be declared the owner of a certain parcel of land, registered in the name of the first defendant, being Lot Two Lavendon, located in the Bubi district, measuring 364 hectares, held under deed of transfer number 1827.98 by virtue of prescription having openly possessed the property as if he were the owner from 1986 to the present."

Within ten days of the court order being granted, Justice Takuva further directed the High Court's Sheriff and Registrar of Deeds to sign transfer documents and take any other required action to transfer the property into Mr. Kaguru's name. A person shall by prescription become the owner of a thing that he has openly and as if he were the owner thereof for an uninterrupted period of 30 years; or a period which, together with any periods for which such thing was so possessed by his predecessors in title, constitutes an uninterrupted period of 30 years. This is stated in Section 4 of the Prescription Act.

The Prescription Act addresses debts as well. It specifies that a debt will be terminated by prescription upon the expiration of the period that, according to the applicable statute, pertains to the prescription of that debt. As per the provisions of the Act, the statute of limitations for a debt is thirty years if it is secured by a mortgage bond, a judgment debt, a debt related to taxes imposed or levied by any enactment, or a debt owed to the State regarding any taxes, royalties, tributes, profit share, or other comparable charge or consideration that is payable in connection with the exploitation of minerals or other substances.