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High court orders eviction in land dispute
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A long-running property wrangle in Bulawayo has been settled after the High Court ordered the eviction of a woman who claimed to have bought land nearly 20 years ago, but could not produce valid proof of ownership.
Justice Evangelista Kabasa ruled in favour of David and Dadirai Shoko, declaring them the rightful owners of Lot 2 of Lot 42 North Trenance. The couple bought the property in 2013 and secured title deeds in 2022.
The dispute reignited in December 2024 when David Shoko returned from Namibia to begin construction, only to discover a two-roomed house already built on the land and occupied by the mother of rival claimant, Blessing Matsvimbo.
Matsvimbo argued she had purchased the property in 2006 for ZW$150 million, paid in instalments, and accused the Shokos of colluding with the original seller, Kennedy Nyakudziwanza.
But Justice Kabasa dismissed her claim, ruling that the Shokos' title deed was valid and binding.
"The applicants are the registered owners of the property which is being occupied by the respondent. Such occupation is not with the applicants' consent. The applicants' title to the property has not been impugned," the judge said.
The court heard that Matsvimbo had already reported Nyakudziwanza to police, and he now faces fraud charges. Justice Kabasa emphasised that her legal remedy lay against him, not against the Shokos.
"The fact that the respondent has reported the seller for fraud is telling. He is the one who duped her and it is to him that a claim lies," she ruled.
The court found no evidence of collusion between the Shokos and Nyakudziwanza. Matsvimbo was ordered to vacate the property within seven days or face forcible removal by the Sheriff. She was also ordered to pay legal costs.
Justice Evangelista Kabasa ruled in favour of David and Dadirai Shoko, declaring them the rightful owners of Lot 2 of Lot 42 North Trenance. The couple bought the property in 2013 and secured title deeds in 2022.
The dispute reignited in December 2024 when David Shoko returned from Namibia to begin construction, only to discover a two-roomed house already built on the land and occupied by the mother of rival claimant, Blessing Matsvimbo.
Matsvimbo argued she had purchased the property in 2006 for ZW$150 million, paid in instalments, and accused the Shokos of colluding with the original seller, Kennedy Nyakudziwanza.
But Justice Kabasa dismissed her claim, ruling that the Shokos' title deed was valid and binding.
"The applicants are the registered owners of the property which is being occupied by the respondent. Such occupation is not with the applicants' consent. The applicants' title to the property has not been impugned," the judge said.
The court heard that Matsvimbo had already reported Nyakudziwanza to police, and he now faces fraud charges. Justice Kabasa emphasised that her legal remedy lay against him, not against the Shokos.
"The fact that the respondent has reported the seller for fraud is telling. He is the one who duped her and it is to him that a claim lies," she ruled.
The court found no evidence of collusion between the Shokos and Nyakudziwanza. Matsvimbo was ordered to vacate the property within seven days or face forcible removal by the Sheriff. She was also ordered to pay legal costs.
Source - The Herald