The High Court has ruled in favour of Gokwe-Nembudziya MP Justice Mayor Wadyajena (ZANU PF) in a case in which he had sued the Borrowdale Brooke Homeowners Association (BBHOA) after it limited his access to his residence.
BBHOA had deactivated Wadyajena’s vehicle tags and made him use the visitors’ entrance after the association accused the legislator of violating rules governing the residence.
Wadyajena was accused of disorderly conduct and making noise at night, disturbing the peace of other residents.
He, in turn, sued the association saying his rights had been violated.
In his ruling, High Court judge Justice Never Katiyo ordered BBHOA to restore Wadyajena’s access rights to the Borrowdale Brooke Estate. He said:
Whereupon after reading records filed of record and hearing counsel, it is ordered that by consent, the BBHOA shall immediately restore the 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.
BBHOA had instituted disciplinary measures against Wadyajena but through his lawyers, Machingura Legal Practitioners, the lawmaker challenged the sanctions saying they were “illegal and arbitrary”. | NewsDay