Tendai Kamhungira 7 November 2017
HARARE – 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
“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
“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.
“The second applicant and I acquired this immovable property for
“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.