A long-running legal contest over the identity of Balwearie Holdings (Pvt) Ltd and ownership of the 97-hectare Westhey/Sabonabona Estate in Kadoma has now concluded, with the High Court issuing a final determination confirming the dissolution of Balwearie 45/77 and recognising only Balwearie 1898/20.
The judgment closes a five-year dispute involving multiple court rulings that started in 2020, when a dispute arose over the company Balwearie Holdings (Pvt) Ltd, with two parties claiming authority over the entity and over the Westhey/Sabonabona Estate in Kadoma.
Kurt Heyns and others approached the High Court asserting control under the original Balwearie registered in 1977, while Believe Guta operated under a newer company registration from 2020. During those proceedings, the court issued a default judgment dissolving the 1977 company.
In 2021, the High Court ruled that the dissolved Balwearie could not litigate. The Supreme Court later confirmed the dissolution. In 2022, a consent order recognised the newer Balwearie registered in 2020 in relation to the Kadoma property.
In 2023, a rescission order was issued by Justice Chinamhora reversing the dissolution.
A later ruling held that the rescission proceedings were invalid. In 2024, the court issued an interdict restraining Heyns and associates from entering, selling, or presenting themselves as directors of Balwearie. Further proceedings continued into 2025, resulting in the most recent judgment that reflects the current documented legal position.
Key Final Outcome
Related Stories
Balwearie Holdings (Pvt) Ltd – Company No. 45/77 – does not exist at law.
In judgment HCH1285/25 (Mambara J, December 2025) the court held that the 1977 entity:
- has no juristic personality
- has no locus standi
- cannot sue or be sued
Balwearie Holdings (Pvt) Ltd Company No. 1898/20 remains the only recognised legal entity.
Chronological Development of the Case
Chronological Development of the Case
| Year/Date | Court Action | Legal Result |
|---|---|---|
| 2020 | Contestation | Balwearie 45/77 challenges Balwearie 1898/20’s existence and rights to rights to Westhey/Sabonabona |
| July 2020 – Mushore J | Default judgment under HC2860/20 | Balwearie 45/77 declared dissolved |
| 2021 – Muchawa J | HC4236/21 | Dissolved entity lacks locus standi – cannot litigate |
| 18 Nov 2021 – Supreme Court (SC22/21) | Appeal dismissed | Dissolution is a judgment in rem, binding universally |
| Feb 2022 – Consent order | HC2861/20 | Balwearie 1898/20 recognised as holder of rights to Westhey/Sabonabona |
| 2023 – Chinamhora rescission order | HC3847/20 | Purported to revive 45/77 by rescinding the 2020 dissolution |
| Dec 2023 – Charewa J | Reaffirmed dissolution as still operative | Rescission not accepted as altering legal status |
| 27 Mar 2024 – Munangati-Manongwa J | Declared the rescission proceedings void ab initio | Chinamhora outcome treated as legally non-existent |
| 10 July 2024 – Deme J interdict | R-HCH3228/20 | Heyns barred from holding themselves as directors or land owners |
| 05 Dec 2025 – Mambara J | HCH1285/25 | Final confirmation: Balwearie 45/77 extinct in law |
Leave Comments