HAWKFLIGHT Housing Construction Company has been sued for allegedly selling "uninhabitable" houses built on weak foundations, making them susceptible to collapse within a few years.
Forty-six residents of the new Emthunzini Township suburb last week dragged Hawkflight to the High Court demanding refunds, saying the houses were increasingly becoming dangerous to live in because of varying defects.
In an urgent High Court application, the residents, through their lawyers Dube Tachiona and Tsvangirai Legal Practitioners, sought refunds from Hawkflight and a ruling declaring null and void the sale agreements they entered with the construction company in 2011.
"The agreement of sale entered into by plaintiff and Hawkflight for the sale of house number 49 Emthunzini Township, Bulawayo, be declared null and void for its contravention of the provisions of the Regional, Town Country, Planning Act Chapter 29:12 and the Model Building by-laws of Zimbabwe," reads in part the founding affidavit of the residents.
According to the court papers, on June 29 2011, the residents entered into an agreement of sale in terms of which Hawkflight sold houses at Emthunzini for different sums of money depending on the number of rooms.gavel31
The agreement was that Hawkflight would develop the houses within a period of 12 months from the date of agreement of sale and sell the complete houses to plaintiffs.
It was agreed that after a deposit was paid, the plaintiffs would pay monthly instalments until the full payment is realised.
In their founding affidavit, the plaintiffs cited many construction defects which they said made the homes a dangerous place to live.
They said the land was not graded, the houses had leaking asbestos, deformed windows and poor drainage system, among other defects.
According to the court papers, an engineer who did the survey on the structures revealed that the foundation excavations were too shallow.
He said there were cracks in the walls, a sign of weak foundations, as well as the absence of foundation concrete slab, making the houses sink.