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Kadoma land dispute spills into court

The Youth Lodgers Association, Kadoma Women Caucus and Green Hood Park Housing Scheme were allocated Railway Farm in 2014 by the Local Government minister.

A KADOMA youth and women housing co-operative has been pronounced the legitimate owner of a piece of land which a rival youth organisation was contesting ownership.

The Youth Lodgers Association, Kadoma Women Caucus and Green Hood Park Housing Scheme were allocated Railway Farm in 2014 by the Local Government minister.

However, they later faced eviction, resulting in the matter spilling to the High Court.

In their application challenging eviction, they cited the Zimbabwe Youth Promotion Corporation and Local Government minister.

High Court judge Justice Samuel Deme granted the application.

In granting the order, Deme said the applicants were the legitimate owners of rights, title and interest in respect of the land totalling 70 hectares.

“Evicting the applicants and their members from stand 6 of Lot X of Railway Farm 8 Kadoma without a court order is illegal for being in violation of Section74 of the Constitution of Zimbabwe,” Deme ruled.

“All juristic acts by the third applicant insofar as the acts relate to recruitment of members or beneficiaries and causing them to pay administration and development fees are lawful.”

According to an affidavit filed by the chairperson of the applicants Tsitsi Mutariswa, sometime in August 2014 the Youth Lodgers Association, Women Caucus Association and Green Hood Park Housing Scheme were allocated 70 hectares at Pixie Combie Farm in Kadoma for residential development.

In 2017, the applicants approached the Local Government ministry with a complaint that Macsherp Holdings (Pvt) Ltd was developing land extending into their sections.

The applicants were then advised that they had been allocated land at the farm as compensation of the land which had previously been allocated to them but also allocated to Macsherp Holdings (Pvt) Ltd.

The applicants were then given an ultimatum to immediately vacate the property in question, failure of which they would be forcibly evicted resulting in the matter spilling into court.

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