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High Court stops Mabvuku housing co-op land theft

High Court

THE High Court has ordered a Mabvuku-based housing co-operative, Kuyemura Housing Pay Scheme, to stop encroaching onto land owned by a private developer.

The co-operative was dragged to court by Eastwind Trust, a developer which owns close to 400 stands at Donnybrook Farm near Mabvuku.

Eastwind Trust claimed that the respondent encroached onto its territory and invaded four residential stands and a piece of land meant for the construction of a church.

Judge Justice Neville Wamambo ruled that Kuyemura Housing Pay Scheme should not interfere with the applicant’s operations.

“The applicant is the lawful holder and occupier of 395 stands situated at the remainder of Donnybrook Farm held under approved map and under approved plan New Tafara TPY/ER/01/13, including stand numbers 16875, 16945, 16746, 6947 and a church stand,” part of the court order read.

“That the first respondent (Kuyamura), his agents or assignees and anyone claiming to act through its authority be and is hereby declared to be in contempt of court should they continue interfering with the applicant’s rights and the Zimbabwe Republic Police is expected to arrest first respondent and all those claiming to act through its authority for contempt of court.”

Harare City Council is cited as the second respondent.

“That the first respondent, its agents, employees and assignees be and are hereby interdicted from interfering with the applicant’s peaceful and undisturbed occupation, possession and use of its 395 stands and to restore vacant possession of 16875, 16945, 16746, 16947 to the applicant.”

A report has since been filed at Ruwa Police Station against Kuyamura Housing Pay Scheme officials on allegations of contempt of court.

The matter is being investigated under RRB6160845.

Last week, the City of Harare destroyed houses illegally built on council land.

Reports indicate that ruling Zanu PF party-linked barons are invading council land, including wetlands and parcelling out residential stands to desperate homeseekers.

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