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Nyore Madzianike Senior Court Reporter
THE High Court has settled a long-lasting dispute between members of an apostolic church sect over a piece of land in Budiriro, Harare after ruling that Herbert Masenda known as Madzibaba Enock is the legitimate owner of the residential stands in question.
Justice Jacob Manzunzu, in the latest judgment, said Madzibaba Enock was the legitimate owner of the residential stands located along Glen Eagles area in Budiriro.
Madzibaba Enock was embroiled in the land dispute with members of the Johane Masowe Chishanu Nyenyedzi Nomwe Housing Cooperative Society Limited, which wanted to evict him and others from the piece of land.
In the application for res judicata, Madzibaba Enock was cited as a defendant along with Owen Zenda, Charles Ndawana, Innocent Muguvhe, Marita Gwenzi, Sandra Madiye, Nyikadzink Chingoma, Allegation Mugumbati, Madzibaba Martin, Madzimai Lucia and City of Harare.
Johane Masowe Chishanu Nyenyedzi Nomwe Housing Cooperative Society has been longing to evict Madzibaba Enock and others from stand number 2254 being a reminder of Glen Eagles Farm, Budiriro, in particular from stand number 22509 to 22666.
Madzibaba Enock raised a special plea of res judicata at the pre-trial conference which was then referred to trial.
Justice Manzunzu in the ruling said a decision made by Justice David Mangota in September 2019 dismissing Johane Masowe eChishanu Nyenyedzi Nomwe Housing Cooperative Society’s application for eviction was right and should stand.
Online Reporter