By Mary Taruvinga
THE Paul Mwazha led sect, African Apostolic Church is seeking a High Court eviction order against some suspected Zanu PF youths who allegedly invaded its shrine in Chitungwiza.
Andrew Ndongwe is representing the church.
The respondents in the case are; John Chinyanga, 13 others, Chitungwiza Town Clerk and the Minister of Local Government, July Moyo.
In his founding affidavit, Ndongwe said the church has been battling to remove the 14 invaders since 2015 with no joy.
He also said the local authority was failing to remove the respondents forcing them to seek the court’s intervention.
In submission, Ndongwe also said the Lands Ministry and the local authority had confirmed that the church was the real owner of the stand at the centre of the dispute.
The church intended to construct a building but there has been no progress due to the dispute.
“To this date, the respondents have refused or neglected to leave the applicant’s property; this is hindering the applicant from resuming with construction on the said property.
“Having tried to exhaust all the remedies available to it, the applicant is left with no choice but to seek the legal route to have the 1st to 14th respondent evicted from its property,” he said.
Ndongwe wrote that the illegal settlers were said to have been allocated the same stand by Zanu PF Youth League.
Court papers show that in January last year the church wrote a letter to the Chitungwiza Municipality asking it to remove the illegal settlers.
Ndongwe said they were given an offer letter by the government and were also in possession of an allocation letter and site plan.
To show commitment the church paid US$800 application fee.
He said sometime towards the end of 2015 after having been officially allocated the stand and having paid the prescribed amounts, the applicant was surprised to see people constructing structures on its property.
“The applicant was to buy the stand on a rent-to-buy basis; this resulted in the lease agreement which was entered into by the applicant and Chitungwiza Municipality.
“The illegal occupier stated that they had been allocated the land by Zanu PF Youth League,” read his affidavit.
The case is yet to be heard.
