The ongoing dispute between Crowhill residents in Clever Hills and Mt Breezes Estate has revealed that the contested road in question is illegal, as it does not appear in any official Surveyor General or local authority plans.
Investigations confirm that Clever Hills residents created an unauthorized path cutting through private property on Mt Breezes to access a tarred road.
The road is not part of any approved subdivision layout.
Wilson Mhuri, spokesperson for the Mt Breezes Residents Association, highlighted that Crowhill's 2013 subdivision plan includes a designated road leading to a public roundabout, making the illegal path unnecessary.
He added, "We gave Clever Hills residents four years to build their own road, but they have failed."
A 2020 High Court ruling (HC 4174/2020) upheld Mt Breezes' rights, confirming no legal public road exists between the properties.
Despite the ruling, Clever Hills residents have continued using the unauthorized route, prompting Mt Breezes to install surveillance cameras and pursue legal action.
Goromonzi North legislator Ozias Bvute emphasized the need to respect court orders and accused a local land baron of fueling the conflict by selling illegal plots.
He urged residents to prioritize lawful infrastructure development.
"It's unfortunate that there are elements that have chosen to misaligne by infactually saying things that are not true. At the instant, Mt Breezes is a private development that obtained a court order which enables it to enclose their community and adjoining roads within their development.
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"It would be irresponsible to encourage the residents that I represent in the greater Goromonzi to disregard court orders. Court orders must be respected and negotiations should be held with Mt Breezes that allow for an amicable resolution to the current impasse. But the premise is that court orders should be respected. Essentially, that's what constitutes the upholding of the rule of law, which is what normal people are encouraged to do," he said
He added, "the residents are being fronted by a prominent land baron who has illegally sold pieces of land that dont belong to them and by virtue of being put under pressure by the people she sold to is now trying to create confusion from issues around their settlement which is illegal."
Mt Breezes maintains that it cannot accommodate illegal activities on its private property and encourages Clever Hills residents to construct a legal road as per their approved plans.
