The High Court has settled a long-running dispute between members of an Apostolic Church sect over land in Budiriro, Harare after ruling that Herbert Masenda known as Madzibaba Enock is the rightful owner of the accommodation in question.
Judge Jacob Manzunzu, in the final ruling, said Madzibaba Enock was the rightful owner of residential settlements along the Glen Eagles area in Budiriro.
Madzibaba Enock was involved in a land dispute with members of the Johane Masowe Chishanu Nyenyedzi Nomwe Housing Cooperative Society Limited, who wanted to evict him and others from the land.
In the res judicata motion, Madzibaba Enock was named as a defendant along with Owen Zenda, Charles Ndawana, Innocent Muguvhe, Marita Gwenzi, Sandra Madiye, Nyikadzink Chingoma, Allegation Mugumbati, Madzibaba Martin, Madzimai Lucia and the City of Harare.
Johane Masowe Chishanu Nyenyedzi Nomwe Housing Cooperative Society aspires to evict Madzibaba Enock and others from booth number 2254, recalling Glen Eagles Farm, Budiriro, specifically from booth number 22509 to 22666.
Madzibaba Enock raised a special res judicata plea at the pre-trial conference, which was then adjourned to trial.
In his ruling, Judge Manzunzu said a ruling by Judge David Mangota in September 2019 rejecting Johane Masowe eChishanu Nyenyedzi Nomwe Housing Cooperative Society’s eviction request was fair and should stand.