Neighbours clash over a well

Spiwe Sarakunze

Herald Reporter

A DISAGREEMENT between two neighbours over the control of a well that they jointly drilled has spilt into court.

Esther Kajawo dragged her neighbour, Simbarashe Mutemwe, to the Harare Civil Court, accusing him of trying to take full control of the well.

She told Magistrate Ashton Dube that Mutemwe was persistently harassing, intimidating her in an attempt to seize full control of the shared resource.

“He is subjecting me to abuse and harassment; he assaulted me and usually comes to my house uninvited,” she said.

Kajawo told the court that she and Mutemwe had agreed to jointly finance the drilling of a well that would supply water to both their households, an arrangement she described as a mutual investment borne out of necessity, given the area’s persistent water shortages.

However, she said the spirit in which they drilled the well dissipated when Mutemwe allegedly began asserting his authority over the well.

Kajawo said Mutemwe allegedly started intimidating her, issuing threats, and using abusive language to prevent her from accessing the water or making decisions concerning the maintenance of the well.

“He has turned this well into a source of conflict,” Kajawo said..

“He uprooted my plants and dug my garden without my consent, claiming that I cannot do anything to him,” said Kajawo.

Mutemwe denied the allegation and instead accused Kajawo of being the aggressor.

He acknowledged that they had indeed cooperated to drill the well, confirming that both contributed towards its establishment.

He accused Kajawo of being the one trying to block him from accessing water from the well.

Mutemwe insisted that it was Kajawo who was violating their agreement by behaving as though the well belonged exclusively to her.

He said she had become increasingly hostile and had taken steps to prevent him from accessing the water, which he described as unfair and provocative.

“We worked together to drill this well, but now she acts like it is hers alone, refusing me access. I am the one being denied my rights,” said Mutemwe.

After considering testimonies from both parties, the magistrate ruled in favour of Kajawo and warned Mutemwe not to violate Kajawo’s rights in any way and advised the two to seek counselling to resolve their issues.