By Staff Reporter
Controversial businessman Ken Sharpe’s company West Properties Private Limited has withdrew a lawsuit against a construction company, Fairclot Investments Private Limited trading as T&C Construction and Paragon Printing & Packaging Private Limited.
In a notice at the High Court dated February 27, 2023 West Properties undertook to pay Fairclot Investments taxed costs.
“Take notice that the plaintiff intend to withdraw this action and will tender costs at an ordinary scale within three (3) days from the date that this notice is served. Further take notice that the plaintiff undertake to pay 1st defendant’s (Fairclot Investments Private limited) taxed costs,” read the notice
West Properties had sued the companies and its directors, Alan Russell and Grant Russell US$20 million damages for loss of business and profit after the two companies had erected a Billboard along Borrowdale road to warn prospecting buyers and home seekers against acquiring residential stands at stand 654 Pomona Township.
Fairclot, a company subcontracted to construct the Harare Airport Road by Sharpe and the company has not been paid.
After Sharpe failed to pay Fairclot, he gave away a piece of and, 654 Pomona as security and the title deed for the land is held in escrow by Coghlan, Welsh and Guest. However, the land was transferred to Doorex, a bogus company owned by Sharpe after paying ZWL$4.8 million to Fairclot soon after the gazetting of SI33 of 2019.
The company is disputing the payment, demanding payment in US$ and the case is awaiting judgment at the High Court.
Fairclot is also challenging the decision by the deputy Sherriff of the High Court, Mcduff Madega for transferring the Pomona property “without following proper procedures.”
Madega transferred the land despite objections from Fairclot’s lawyers.
Fairclot wanted Augur to pay the US$5 million using the existing bank rate.
There are also summons under case 4599/19 which seeks an order to declare stand 654 Pomona and the 17 others executable.
Case 3828/22 seeks to interdict the sale of Pomona and stands among the many cases filed by Fairclot.
Biti is also challenging the deed of settlement and transfer of 654 Pomona to Doorex Properties.
Augur was controversially awarded the contract on May 30, 2008, without going to tender.
The company was supposed to construct the Airport Road with an understanding that 90% of the costs would be paid in the form of land and 10% in cash.