Online Reporter
Tendai Gukutikwa
Weekender Reporter
A 20-YEAR-OLD orphan has approached Chief Mutasa’s community court seeking to reclaim his late parents’ piece of land, alleging that a man who was allowed to use the property later refused to pay rentals for years and eventually claimed ownership.
David Nyambuya said he was left fighting for his parents’ inheritance after Mostaf Mbaluka allegedly stopped paying agreed rentals for using the family land and later claimed that he had bought the property.
Nyambuya said the land was left behind by his parents, who died when he was still young, leaving him and his sister under the custody of relatives.
He said his father died first, followed by his mother, who before her death requested her sister-in-law to look after the children.
“After my mother passed away, my aunt took care of us. We were still in primary school. Mbaluka approached us and asked to put his cabin and grinding mill at our late parents’ land. He promised to pay US$10 in rentals every month for using the land,” said Nyambuya, further alleging that Mbaluka only paid rentals for three months before stopping, claiming his aunt had no authority over the land in question.
Nyambuya said he later returned to his parents’ property after being informed that Mbaluka was no longer paying the agreed rentals.
“When I confronted him, he became aggressive, and told us that we could not tell him what to do. We tried to sit down and resolve the matter amicably, but we failed to reach an agreement,” he said.
He said he eventually built a one-roomed house on the property, but relations between him and Mbaluka had deteriorated.
“At some point, he said we should cut all communication ties. He later reported me to the village head, and when we appeared before him, I explained how everything had started,” said Nyambuya, adding that he had requested Mbaluka to pay the outstanding rentals dating back to when he was in Grade Seven, but the two parties failed to reach an agreement.
Nyambuya said during one of the meetings, Mbaluka offered him US$40 as part payment, promising to pay the balance later.
“I accepted the money because he had promised to look for the rest. However, when I later asked for the outstanding amount, he told me he would not pay anything because the money he had given me was enough. He claimed ownership of the land,” he said, forcing him to seek intervention from Chief Mutasa.
His aunt, Eneresi Nyambuya, confirmed that there was no written agreement between the family and Mbaluka regarding the use of the land.
However, Mbaluka disputed Nyambuya’s version of events, insisting that he had legally acquired the land after paying money to Nyambuya’s relative.
He said when he was looking for land, he was referred to a man identified as Mushonga, who told him that the land belonged to him, but was renting it to Nyambuya’s father.
“I was looking for a place to stay, and I was directed to Mushonga, who allowed me to put my grinding mill there. Later, Nyambuya’s cousin approached me and asked me to buy the land. I consulted Mushonga and his wife, who is Nyambuya’s aunt, and they agreed that I should buy it,” said Mbaluka.
He claimed that he paid US$300 to Nyambuya’s cousin and occupied he land for several years before Nyambuya returned and started claiming ownership.
“I told Nyambuya the truth that he was still young when these things happened and that I had bought the land from his cousin. I had paid for it and had stayed there for years,” he said.
However, Chief Mutasa ruled that Mbaluka was misled by the cousin, who allegedly had no authority to sell the land.
He said only Nyambuya and his sister had authority to make decisions regarding the property.
“You breached the agreement you had because you dealt with someone who had no authority to sell the land. You took advantage of Nyambuya’s age and the fact that he was young at the time,” said Chief Mutasa.
He ruled that Nyambuya and his sister remained the rightful owners of the land.
“The cousin misrepresented facts and sold something that did not belong to him. He should refund you because he was not a beneficiary of this young man’s parents’ estate,” said Chief Mutasa.
The traditional leader ordered Mbaluka to remove his grinding mill from the property and seek alternative arrangements elsewhere.
“The grinding mill should be removed from this land. If your agreement was with the cousin, then you should find him and recover your money from him,” he said.
Moffat Mungazi