THE High Court directed Harare man Christopher Chibage to resolve his land dispute with former legislator Hubert Nyanhongo through Chief Seke, the area’s headman, village heads and the Manyame Rural District Council.
Chibage, represented by Brian Kashangura, had approached the court seeking an interdict against Nyanhongo.
Chibage was suing Nyanhongo, Manyame RDC, Nelson Mandari, Benny Mutekenyedze, Golden Mupani, Vengai Chanakira, Gilbert Chanakira, Gift Chanakira, Fungai Chanakira and Edwin Chanakira.
He filed for an eviction order against the respondents from communal land in Jaure village and sought the demolition of erected structures.
According to court papers, Chibage is the village head for Jaure village which is the subject of the court application concerning the boundary between Jaure village and Chanakira village in Seke district.
Chibage submitted that the respondents claimed the land was allocated to them to develop their homesteads by the Chanakira village head.
A dispute ensued with Chibage claiming the communal land in question is not part of Chanakira village but fell under Jaure village.
The dispute was referred to the Seke Community Court, which held that the communal land was under the custodianship and administration of Jaure village.
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The lower court also ruled that all unlawful structures erected there should be demolished.
The dispute was settled by the Seke Community Court and its determination remains extant and unchallenged.
Chibage submitted that despite Seke Community Court's determination, the respondents illegally sold the communal land in issue to individuals and they erected structures.
He further argued that Manyame RDC was supposed to demolish the structures and restore the land to its original state.
The enforcement orders took effect on July 27, 2022, and remained in force, extant and unchallenged.
He also submitted that despite the Seke Community Court's determination and the enforcement orders the respondents remain on the communal land and their illegal structures are still there.
However, High Court judge Justice Joel Mambara struck the matter off the roll and referred it to Manyame RDC for resolution.
Council was ordered to work with the traditional leaders in the area within 30 days from the date of receiving the order.
“The parties are hereby directed to obtain the relevant maps/diagrams for the area in issue from the Local Government and Public Works ministry for use during this exercise,” Justice Mambara said.
“The Manyame Rural District Council shall issue a determination on this matter.”
