Chronicle Editor
Rutendo Nyeve, Sunday News Reporter
THE legal battle for ownership of Mbalabala Properties took another twist last week with the court granting a peace order to the widow of the late veteran nationalist and National Hero, Cde Enos Nkala who said a group of people is disturbing her peace by claiming ownership of the business premises.
Cde Nkala’s widow, Mrs Thandiwe Nkala (nee Gwebu), the director of Mbalabala Properties has been entangled in legal battles over the properties.
On Wednesday, Mrs Nkala applied for a peace order at the Esigodini Magistrates Court against nine individuals bringing the total number to 13 as the other four appeared in court the previous week.
The peace order was applied against Elizabeth Moyo, Sipho Ncube, Johns Nkomo, Phuza Nyoni, Malaki Mpofu, Floyd Maphosa, Plaxen Moyo, Sipho Masuku, Maxwell Khumalo, Mpilo Mathuthu, Makhosi Ndlovu, Sithandekile Ncube and Lamek Nkala.
“I Thandiwe Nkala do solemnly swear/declare the following: Elizabeth Moyo and his group are disturbing peace at my business premises, Mbalabala Properties (Pvt) Ltd. They should stop harassing and threatening me and my tenants.
“If they have any claim to the property they should use the right channels. I am the registered owner of the property and as such hold the title deeds to the property. I pray that the honourable court grants me a peace order towards the respondents.
“I make the above statement conscientiously believing the same to be true,” said Mrs Nkala in her affidavit.
Esigodini resident magistrate, Ms Linda Menelisi granted the peace order.
“A peace order is hereby granted. The respondents are ordered not to threaten, insult or harass the complainant. They are ordered to maintain peace towards the complainant at all material times,” reads the order.
During the court session, Mrs Nkala said some of the respondents were her tenants. She said she had since made a resolution to evict them as they were no longer paying rent. However, Ms Menelisi advised her to obtain a separate eviction order.
According to sources privy to the goings on, the 13 allegedly called for a meeting with the tenants currently occupying the properties and advised them that they were the owners and they ought to pay rentals to them.
This then prompted Mrs Nkala to apply for a peace order against the individuals.
In March this year, Mrs Nkala approached the court after a tenant who was occupying the family’s business premises at Mbalabala along the Bulawayo-Beitbridge Highway knocked down the property into a heap of rubble following a three-year legal battle over its ownership.
Dr Jimmy Gazi, a prominent medical doctor who has been renting the premises that comprise a service station, restaurant and ablution facilities since 2006 allegedly decided to destroy the property that he was now subletting after losing a protracted legal battle.— @nyeve14
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