Vapostori, school in land wrangle
JOHANE Masowe weChishanu-Bethlehem Church in Chitungwiza last Thursday stopped Cornerstone Junior School builders from constructing a swimming pool block on a disputed piece of land.
The three-year dispute was spawned by differences over a boundary.
Members of the apostolic sect descended on the school premises, ordering builders to stop construction, arguing that the owner of the school, Mrs Elizabeth Mukuwane, was violating a court interdict issued in the church’s favour.
When The Herald visited the school premises, members of the church, together with the Johane Masowe church leader Madzibaba Nhamo Makurumidze were engaged in discussions with the school head Mr Jokonobias Chamisa, trying to address the wrangle which has dragged for over three years.
“We started staying here during the days of Gardener, (who owned the land) in 1989. He told us to continue occupying this land piece as worshippers,’’ Madzibaba Makurumidze said
“In 2008, a property developer Mr Bernard Chivhanga approached us, claiming that this was his land as he showed a deed ordering us to pay him. We paid $17 000,” he said showing proof of payment for the land.
“We were shocked when in 2014 Mrs Mukuwane came, claiming to be the owner of the land.”
Madzibaba Makurumidze said when they tried to contact Mr Bernard Chivhanga; he became evasive, only to show up in 2016 with a new drafted plan, asking them to relocate.
Madzibaba Makurumidze produced court documents for an interdict he applied in November 2016 and granted in December last year under case number 914/ 16.
“All developments that Mrs Muku- wane had effected should be demolished within seven days of this order, failure of which the Messenger of Court, with the help of any experienced builders if need be, is hereby authorised to effect the demolitions,” reads the judgment.
In the application, Mrs Mukuwane was cited as the first respondent, while Chitungwiza Municipality and Ministry of Local Government and National Housing were second and third respondents respectively.
Mrs Mukuwane and the cited two institutions were barred from developing stand number 16891 Zengeza 5, which belonged to the church.
Mrs Mukuwane is alleged to have defied the order, forcing the church to approach Chitungwiza Civil Court on July 11 this year, applying for contempt of court.
“In clear defiance of the court order, the respondent (Mrs Mukuwane) has started to interfere with the Applicant (Johane Masowe YeChishanu-Bethlehem) property again. She has started to block all roads which are on the site, used by the congregants.
“She has also started to build other structures on that same stand and has clearly stated to the Applicant’s congregants that she is not going to abide by the order,” reads the application to be heard on August 8.
Mrs Mukuwane, however, was adamant, saying she was the owner of the portion of land at the centre of the dispute.
“This land belonged to Mr Chivhanga, who divided it into residential and commercial stands.
“This school falls under the industrial zone and these apostles bought 1 000 square metres, which was for residential.
“We assumed that they were going to vacate but to no avail, since this whole area is our school land, I have since applied for an eviction order at the High Court,” she said.