News / National
Obert Mpofu in Victoria Falls land dispute
12 Feb 2016 at 07:27hrs | Views
MACRO Economic Planning and Investment Promotion Minister, Obert Mpofu, is locked in a land dispute with a woman from Sizinda, just outside Victoria Falls town, and her uncle.
Cordelia Ncube claims that her paternal uncle, Bigboy Ncube, grabbed the piece of land from her and sold it to the minister sometime in September 2015.
Mpofu has since fenced off the area.
Cordelia took the matter to the Victoria Falls Civil Court seeking an order compelling her uncle to return the disputed piece of land to her. The size of the land was not stated.
The woman cited her uncle as the first respondent and Mpofu, his wife Sikhanyisiwe, and son Bukhosi were cited as the second, third and fourth respondents.
Cordelia is seeking an order directing that the land, which she said she inherited from her late father Japhet Ncube, be returned to her.
She also wants Mpofu to be interdicted from developing the piece of land.
The matter was heard before Victoria Falls magistrate, Rangarirai Gakanje, yesterday and the hearing will continue next Friday.
Cordelia argued through her lawyer Thulani Nkala that she was the rightful beneficiary of the land.
"What is sought before this court is an interdict on any developments on the land. My client brings the matter to court as someone who stands to benefit from her late father's estate. She is not bringing the matter as an executor but as someone who is an estate heir," Nkala said.
He said under African culture, Cordelia should be the beneficiary of the property by virtue of being her father's eldest daughter.
The lawyer said Ncube had approached the High Court in Bulawayo over the said land.
"The first respondent is seeking a declaration of rights from the High Court so the land could be declared his. This on its own proves lack of confidence that he is the rightful owner of the land. If the land in question is his, one would ask why he would go to the High Court for that," said the lawyer.
"He submitted minutes purported to be from a meeting of villagers but the document can't be used as evidence because it is not date stamped. I pray that the minutes be dismissed because village heads and chiefs have stamps that show their authority."
Ncube's lawyer, Elvis Mashindi, told the court that the matter lacked merit.
"The applicant became aware that the land was cleared in September 2015 and she didn't seek to reverse the situation. This court has no jurisdiction to entertain this matter and should be therefore referred to the High Court," he said.
Nkala said the matter became urgent after Mpofu started developing the land by erecting a fence, hence the need to seek an interdictory order.
Cordelia Ncube claims that her paternal uncle, Bigboy Ncube, grabbed the piece of land from her and sold it to the minister sometime in September 2015.
Mpofu has since fenced off the area.
Cordelia took the matter to the Victoria Falls Civil Court seeking an order compelling her uncle to return the disputed piece of land to her. The size of the land was not stated.
The woman cited her uncle as the first respondent and Mpofu, his wife Sikhanyisiwe, and son Bukhosi were cited as the second, third and fourth respondents.
Cordelia is seeking an order directing that the land, which she said she inherited from her late father Japhet Ncube, be returned to her.
She also wants Mpofu to be interdicted from developing the piece of land.
The matter was heard before Victoria Falls magistrate, Rangarirai Gakanje, yesterday and the hearing will continue next Friday.
Cordelia argued through her lawyer Thulani Nkala that she was the rightful beneficiary of the land.
"What is sought before this court is an interdict on any developments on the land. My client brings the matter to court as someone who stands to benefit from her late father's estate. She is not bringing the matter as an executor but as someone who is an estate heir," Nkala said.
He said under African culture, Cordelia should be the beneficiary of the property by virtue of being her father's eldest daughter.
The lawyer said Ncube had approached the High Court in Bulawayo over the said land.
"The first respondent is seeking a declaration of rights from the High Court so the land could be declared his. This on its own proves lack of confidence that he is the rightful owner of the land. If the land in question is his, one would ask why he would go to the High Court for that," said the lawyer.
"He submitted minutes purported to be from a meeting of villagers but the document can't be used as evidence because it is not date stamped. I pray that the minutes be dismissed because village heads and chiefs have stamps that show their authority."
Ncube's lawyer, Elvis Mashindi, told the court that the matter lacked merit.
"The applicant became aware that the land was cleared in September 2015 and she didn't seek to reverse the situation. This court has no jurisdiction to entertain this matter and should be therefore referred to the High Court," he said.
Nkala said the matter became urgent after Mpofu started developing the land by erecting a fence, hence the need to seek an interdictory order.
Source - chronicle
