By Mary Taruvinga, Senior Reporter
GOKWE Nembudziya legislator, Justice Mayor Wadyajena, has won a case in which he sued the Shingi Munyeza-chaired Borrowdale Brooke Homeowners Association (BBHOA) for deactivating his vehicle tags and relegating him to the visitors’ lane to enter and exit the plush residential area.
Wadyejena is up in arms with his neighbours for driving around the serene suburb in a thunderous vehicle between midnight and 1am on May 11.
The matter spilled into the courts after his vehicle tags were deactivated on allegations of violating the resident’s rules.
High Court judge Justice Never Katiyo on Wednesday ordered that his rights be restored with immediate effect.
“Whereupon after reading records filed of record and hearing counsel it is ordered that by consent that, the BBHOA shall immediately restore applicant’s access rights to the Borrowdale Brooke Estate by fully reactivating Wadyajena’s access tags.”
“The BBHOA and its employees are hereby interdicted from deactivating Wadyajena’s access tags without following due process or the authority of a court order,” ruled the judge.
Katiyo also ruled that each party shall bear their own legal costs.
Munyeza wrote a letter of disapproval to Wadyajena last week complaining about the flamboyant businessman’s behaviour.
The association proceeded to institute disciplinary measures against the colourful, youthful legislator.
But in a letter written addressed to the BBHOA through his lawyers of Machingura Legal Practitioners, Wadyajena challenged the disciplinary measures which he described as “illegal and arbitrary”.
Wadyajena also denied the allegations.
In his urgent court application, the lawmaker said using the visitors entrance was a mammoth task and embarrassing.
“My family and I continue to be inconvenienced because entering and leaving the estate as a visitor is unduly cumbersome because of the vetting and security checks,” Wadyajena argued.
“To make matters worse, it appears that security personnel at the gate have received instructions to be extra tough with me as they try to make things difficult by asking frivolous and vexatious questions as if they never met or seen me before.”
“Their goal is to embarrass me and this is an injustice a resident should not continue to suffer,” he said.