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Tobaiwa Mudede in bitter land dispute evicts 4 families from his land in Whitecliff

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The Registrar-General Tobaiwa Mudede, has filed an application at the High Court in which he is seeking to evict four families from some land in Whitecliff, Harare, claiming the property belongs to him.

According to court papers, Mudede — together with one Naume Benjamin — are the applicants, while Theresa Bvunzawabaya, Julio Nherera, Jack Summy and Juda Chisose are cited as respondents.

“This is an application to seek eviction of the respondents (Bvunzawabaya, Nherera, Summy and Chisose) who are unlawfully occupying our land in Whitecliff.

“The second applicant (Benjamin) and I are joint owners of a piece of land known as Stand 35, Whitecliff Township of Whitecliff measuring 1 237 hectares.

“We hold ownership to this land under Deed of Transfer number 3383/12,” Mudede said in the November 1, 2017 application.

The court heard that Mudede acquired the said property together with Benjamin in 1998

The property, which was a commercial farm, was subsequently subdivided into smaller stands.

Title deeds processing took four years to complete.

Mudede-Tobaiwa

“The second applicant and I acquired this immovable property for investment purposes.

“So, there was no rush for us to effect improvements.

“Sometime towards the end of last year, it was brought to our attention that some illegal structures had been erected on our land.

“The second applicant and I attempted to get in touch with the persons mentioned in the land surveyors report.

“Unfortunately, it turned out that the details given to the land surveyors were false….the second applicant and I have instructed the Deputy Sheriff to deliver letters to the occupants at Stand 35 …,” Mudede said.

Mudede further told the court that even though the letters were delivered after a long struggle following the enlistment of police assistance, true identities of the persons who unlawfully erected structures on the land could not be obtained.

“We have never allowed anyone to use our land.

“These people are occupying our land without our consent or permission.

“We are therefore praying for an order that they be evicted and they remove their structures failing which the Deputy Sheriff be allowed to do the same,” he said.

The matter is yet to be set down for hearing before the High Court, while the respondents are also still to respond to the application.

Source: Daily News


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