Disputed stand sparks court battle, peace order granted

Alicia Kadzviti

Herald Reporter

A Harare woman has successfully applied for a peace order against a man she accused of harassment and destroying her property due to a dispute over a residential stand.

Farai Honde approached the Harare Civil Court seeking protection from Daglaus Mukondiwa, whom she said was claiming ownership of the stand on which she built her house.

“I do not know him. He just showed up three months ago at my house, saying that the stand on which I built my house is his,” he said

Honde said Mukondiwa failed to produce any documents proving he is the rightful owner of the stand.

She told the court that she reported the matter to the offices where she purchased the stand, and both parties were summoned for a meeting, but Mukondiwa did not attend.

She further alleged that last month Mukondiwa came to the property and destroyed her bricks and vandalised part of the structure under construction.

Honde also claimed that Mukondiwa dumped his own building materials at the site and threatened to demolish her house if she continued building.

In response, Mukondiwa told the court that he is the rightful owner of the stand and accused Honde of trespassing.

He said the matter had previously been referred to the Mbare Criminal Court, but the case could not proceed after he failed to prove ownership.

Mukondiwa added that he had been advised by police to seek an eviction order against Honde but had not yet done so.

Honde told the court that three months had passed since the advice was given, with no action taken.

Presiding magistrate Janemary Makonye questioned Mukondiwa over the delay, and he cited lack of funds and his mother’s illness as reasons for failing to file the eviction order.

Magistrate Makonye dismissed the explanation, stating that filing for an eviction order costs only a nominal fee and that Mukondiwa had no legal authority to confront Honde without such an order.

Mukondiwa also alleged that Honde had destroyed a four-roomed cottage he claimed to have built on the stand.

“I had built a four-roomed house, but i came and saw hers instead; she destroyed mine,” he said

Honde denied the allegation, maintaining that she started construction on vacant piece of land.

After hearing both parties, Magistrate Makonye ordered Mukondiwa to obtain a valid eviction order through the courts if he wished to pursue his claim. She also barred him from visiting Honde’s residence and from issuing threats against her.

 

 

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