THE ongoing feud between Clever Hills residents under Crowhill and the neighbouring Mt Breezes Estate has taken a new turn after the High Court ruled that the road at the centre of the dispute does not legally exist.
According to court documents, the purported road does not exist in surveyor general and local authority drawings.
Indications are that what Clever Hills and Crowhill residents have been using to access a tarred road which is in Mt Breezes is an improvised path cutting across a stand on the Mt Breezes side — an illegal road traversing through a private property.
Clever Hills residents were using the road to connect to a tarred road on the Mt Breezes side of the legal boundary between the Crowhill Farm which is legally called Lot J of Borrowdale Estate and Mt Breezes.
Justice Siyabona Paul Musithu said there was no authorised public road, interlink or interface of between any portion of Chirika Extension of Borrowdale Estate and Lot J of Borrowdale Estate commonly called “Crowhill” and any portion of Subdivision E of of Lot H of Borrowdale Estate commonly called Mt Breeze.
“It is hereby declared that the roads constructed by the first, second and third respondents purportedly linking or seeking to link or interface with applicants private development scheme....constitute an illegal and unlawful interference with the enjoyment of rights of applicants’ members,” Justice Musithu ruled.
Mt Breezes Borrowdale Estate had cited Crowhill Farm (PVT) Ltd, Crowhill (PVT) Ltd, Crowhill properties owners association and the Goromonzi Rural District Council as respondents, respectively.
“It is declared further that the applicants’ members are entitled to the peaceful and undisturbed enjoyment of all the rights of a gated community...,” the Judge ruled.
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Mt Breezes residents’ association spokesperson, Wilson Mhuri, said Crowhill had its own subdivision layout which was approved in 2013.
“According to cadastral maps and legal documents, it is actually Lot J/Crowhill people that have direct access to the public road at the roundabout,” he said.
“Mt Breezes will set up cameras to capture all the vehicles that are continuing to commit this crime. A docket has already been opened for the people who destroyed the wall.
“More charges are coming against those who will continue to trespass via that point including contempt of court charges."
The feud over the disputed road has been going on for years.
