By Mary Taruvinga
FORMER Registrar-General Tobaiwa Mudede is involved in a bitter fight over land boundary at a farm in Mazowe, Mashonaland Central with a fellow farmer, Roti Gadzikwa.
Gadzikwa, this week issued summons against Mudede at the High Court, accusing the former top government official of claiming more land than allocated to him by the state at Ballineety Farm.
The two are co-owners of the farm measuring 375 hectares.
In her court papers, Gadzikwa is seeking a court order barring Mudede from engaging in this unlawful conduct.
It is her complaint that Mudede has deprived him of 60 hectares of land.
In her founding affidavit, Gadzikwa states Mudede was allocated subdivision 1 of Ballineety Farm. However, Mudede further applied for more land for subdivisions 1 to 13 causing the boundary rift between the two neighbours.
“There are ongoing disagreements concerning land usage arising from the disputed boundary. As a result of the disputes I made a complaint to the Lands Commission to investigate Mudede’s unlawful conduct,” Gadzikwa added.
She accused Mudede of continuing to develop the land disregarding a decision that is yet to be passed by the Lands Commission over the matter.
“Despite the fact the commission is yet to make its determination on the complaint, Mudede without any authority or good or unlawful cause shown is continuing with his habit of illegally changing boundaries and putting fences, effectively depriving me of close to 60 hectares of my farm land,” Gadzikwa said.
The farmer also accuses Mudede of denying her use of some of her properties.
“The disputed area contains some boreholes which I use to irrigate my crop. Mudede is denying me use of boreholes and electricity transformers in the disputed boundaries.
“He has threatened to evict some of my workers from the compound without notice or a court order. He denies my workers use of communal infrastructure at the worker’s compound,” he said.
Gadzikwa submitted that Mudede’s conduct was seriously affecting her operations and there was no other lawful remedy available for her hence the decision to approach the courts.
She also submitted she risked losing out because the Lands Commission does not have statutory powers to direct Mudede to stop his unlawful activities before completing its investigations.
“I, therefore, humbly pray for an order directing Mudede to refrain from fencing disputed boundaries, stopping him from denying me access to boreholes and electricity from transformers on the disputed boundary.
“Stopping him from evicting my workers from the compound without notice and a court order,” submitted Gadzikwa.
The matter is yet to be heard.