Mphoko loses farm wrangle

BULAWAYO - THE High Court yesterday ruled in favour of Terridan Motors (Pvt) Ltd in a land dispute involving the motoring firm and a city businessman, Siqokoqela Mphoko.

Terridan Motors through its director, Abslom Mukahiwa filed an urgent chamber application last month challenging Mphoko for occupying Plot 13 Douglasdale, which he was allocated by Umguza Rural District Council despite a running lease the company had with the local authority.

In his founding affidavit, Mukahiwa cited Mphoko, Umguza RDC and National Fencing Company as respondents. Mukahiwa accused Umguza RDC of breach of contract saying the local authority entered into a nine-year lease agreement with the motoring company in 2009 and the lease expires in August 2018.

Justice Maxwell Takuva said Mukahiwa has a lawful lease in respect of Plot 13 Douglasdale in Umguza District, which he was entitled to until it was lawfully terminated.

"Applicant has a lawful lease with the second respondent (Umguza RDC) in respect of Plot 13 Douglasdale and is entitled to it until the lease is lawfully terminated by effluxion of time or otherwise lawful cause to the exclusive occupation and use of the leased premises," said Justice Takuva.

The judge also declared the removal of Terridan Motors' perimeter fence by National Fencing Company, as illegal.

The fencing company was contracted by Mphoko to do the work.

"The first and second respondents' conduct in removing the applicant's fencing with standards and without applicant's consent is declared to be an act of spoliation," said Justice Takuva.

He ordered Mphoko to destroy within two days the structures which he had erected at the farm.

"The erection of tents on the leased premises by third respondent (National Fencing Company) is an act of spoliation and the first and second respondents are ordered jointly and severally to remove the tents on the leased premises and restore the fencing and standards removed by third respondent and restore the premises to the applicant in the same good order within two days of the order," Justice Takuva ruled.

The first and second respondents were also ordered to jointly pay lawsuit costs as per legal practitioner-client scale.

Mphoko, in his opposing papers, had said that he was given an offer letter by Umguza RDC in September 2014 in respect of the disputed property and argued that the land was lawfully offered to him.

"I must indicate that on September 26, 2014, I paid in full the amount of $2,500 required by Umguza RDC and immediately after payment, Umguza RDC chief executive officer advised me that the applicant had approached them suggesting that all new occupants must pay for the portion of the fence covering their respective subdivisions," he said.

Mphoko said he indicated that he would not require Terridan Motors' fence and ordered that it be removed.