Lawyer Drags Council to Court Over Service Station

Zanu PF legislator for Mudzi South, Cde Jonathan Samukange, has approached the High Court seeking an order barring the City of Harare from allowing the construction of a service station at the corner of Sam Nujoma Street and Josiah Chinamano Avenue.

He argued that the area was likely to see an increase in road traffic accidents since the service station was on a major highway.

Cde Samukange is also alleging that the City of Harare granted an illegal permit for the construction of the service station.

Through his law firm, Venturas and Samukange Legal Practitioners, and CGV Trust, Cde Samukange recently filed an urgent chamber application citing council’s director of works Mr Isiah Chawatama, Trymore Muderede, Terrace Africa (Pvt) Ltd, Ashley Court (Pvt) Ltd, Lybrand investments (Pvt), Berrycon Construction (Pvt) Ltd and Zuva Petroleum (Pvt) Ltd as co-respondents.

In his founding affidavit, Cde Samukange said the construction of the service station at the site would result in an increase in road accidents.

“Fourth, fifth and sixth (Terrace Africa, Ashley Court, Lybrand investments) respondents are about to embark on the construction of an illegal fuel station on an intersection where there is a high accident rate on a major highway, Sam Nujoma Street, having been granted an illegal permit by the first respondent (City of Harare) surreptitiously on July 22, 2020,” he said in the affidavit.

“There is likelihood that without this matter being subjected to scrutiny of this honourable court, the construction and operation of the illegal fuel station will lead to an increase in motor vehicle accidents and potential loss of life at the intersection.”

Cde Samukange said in 2018, his law firm and CVG Trust had protracted litigation with Zuva Petroleum and had, by consent, agreed that a petrol station be constructed on certain strict terms.

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