Judges Rule Against AmarisSA in Bitter Harare Real Estate Dispute

The High Court has ruled in favour of businessman and lawyer Tawanda Nyambirai’s firm, TN Baker (Pvt) Ltd, in a heated property dispute, ordering AmarisSA (Pvt) Ltd to vacate a contested section of prime real estate in central Harare.

Justices Faith Mushure and Joseph Chilimbe overturned a magistrates’ court decision, confirming that TN Baker holds a valid lease for 17 Samora Machel Avenue and that AmarisSA had unlawfully encroached on part of the property.

“The appeal is allowed with costs,” wrote Justice Mushure in the ruling.

“The application for eviction is granted. The respondent and all those claiming through it must vacate the property immediately.”

The judgment brings to an end a protracted feud between the two companies over retail space and a delivery access area within the property.

TN Baker argued it was paying rent for 711 square metres but only occupying 668 square metres, with AmarisSA’s subtenants using part of its leased premises. AmarisSA, however, denied any encroachment and claimed there were “material disputes of fact,” further insisting TN Baker had no legal standing to sue.

The judges dismissed that defence, citing an uncontested expert surveyor’s report confirming the encroachment.

“This was a classic case of bare allegations of a possible factual dispute,” Justice Mushure said. “A leaseholder has a clear right under their agreement to occupy the property and to seek eviction of illegal occupants.”

The court directed that if AmarisSA does not vacate voluntarily, the Messenger of Court must enforce the eviction without delay.

The conflict stems from a tangled leasing history involving TN Baker, its affiliates, and property owner Glicknett Investments. AmarisSA relinquished its rights to the premises in 2016, acknowledging that TN companies would thereafter deal directly with Glicknett. TN Baker went on to secure a direct lease, valid until October 2026.

Tensions resurfaced in 2024 when TN Baker accused AmarisSA of encroachment. Although the magistrates’ court initially dismissed the application, the High Court ruling has now cleared the way for eviction.

TN Baker was represented by Beatrice Mtetwa & Tawanda Nyambirai Legal Practitioners, while AmarisSA was represented by James Majatame Attorneys.

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