A diaspora couple has been ordered to vacate a three-bedroomed house which they built on a piece of land that did not legally belong to them.
The Manica Post reports that Godwin Gudu and his wife
purchased a piece of land from Luke Chikukwa in Maunzani Village under Chief
Mutambara for US$900 in Chimanimani. However, the land in question was under ownership
dispute.
The couple ploughed US$10 000 to develop the house with
tapped water and flush toilet system, erected a security fence and borehole on
the property. Mutare magistrate, Ms Purity Gumbo ruled that Gudu and his family
must remit US$50 monthly as holding over damages if they insist and continue to
occupy the property they constructed on the disputed communal land.
“It is ruled that Chikukwa and Gudu and any person claiming
occupation through them be and hereby evicted from the premises. They should
vacate the building they built at the premises. They shall pay holding over
damages in the sum of US$50 per month from the date of this application to the
date of vacating the premises.
Ms Gumbo ordered that the damages be paid to the rightful
owner, Richard Chikomba. Upon the court’s judgement, the Gudus camped outside
Chikukwa’s homestead, demanding alternative accommodation from him. “Since the
court ordered us to pay US$50 monthly should we fail to vacate the premises —
we have been rendered homeless and will be making another court application to
claim the US$10 000 costs that we incurred from Chikukwa.
Chikomba had approached Mutare Civil Court appealing
against Acting Chief Mutambara’s ruling in which he had ruled in favour of the
couple and Chikukwa. Chikomba’s late mother was married to Chikukwa’s uncle.
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