By Judith Nyuke
The High Court has ordered Shengxiang Investments Private Limited, a Chinese company, to cease unauthorized water siphoning from a dam on the upper Mutsitwe River, Utopia Farm, following accusations by the dam permit holder that the company was acting without consent.
On September 3, 2024, Michael Shongwe Ndoro, through his lawyers, filed a court application for an interdict against Shengxiang Investments (Pvt) Ltd.
In his Founding Affidavit, filed with the court application, Mr. Ndoro said that he has held a Zimbabwe National Water Authority
(ZINWA) dam permit and utilized the dam’s water for irrigation since 2006.
“After having been granted permit, I solely constructed the dam along Mutsitwe river whose direction of flow passes through my farm known as Utopia Farm.
“I have been using the water in my dam for irrigation for my farm in the business of horticulture since 2006 when such construction was complete.
“The said permit clothes me with the right to exclusively use the water in the dam I constructed,” he said.
He also said that in 2024, he was surprised to find Shengxiang Investments extracting water from his dam without authorization.
“Around July 2024, I was surprised noticing that the respondent (Shengxiang Investments) is using water in my dam without my consent using its suction pipes.
“To be precise the Respondent illegally and with no lawful consent or authority from me, opened the valves on the weir which then feeds into its suction pipes which are mounted on the Dam wall,” he said.
According to Mr. Ndoro, the ongoing siphoning has caused water depletion in his dam, and he argues that Shengxiang Investments is being unjustly enriched at his expense by using water from a dam they did not help build.
“The conduct of the respondent is very prejudicial to my rights in that, continuous siphoning of water from my dam is causing water depletion in the dam. At the time am deposing to this affidavit, I have no sufficient water to irrigate my crops as the dam is now almost close to a wadi or a dry gorge.
“The respondent is unjustly enriched at my expense by using that water because it never contributed to the construction of the dam,” he said.
Disregarding court rules, Shengxiang Investments neglected to file its heads of argument punctually.
Attempts to gain audience were unsuccessful, as the company was barred according to Rule 59(21) of the High Court Rules 2021.
Justice Rodgers Foroma Manyangadze then addressed the matter as unopposed.
After considering the evidence, the judge granted the application in favor of Mr. Ndoro.
“The respondent be and is hereby interdicted from siphoning the water from the applicant’s dam situate along the upper Mutsitwe River, Utopia Farm at 41.5 KM peg along Harare-Mutare High Way henceforth.
“It is hereby ordered that respondent removes his suction pipes at the Applicant’s dam situated along the upper Mutsitwe River. Utopia Farm at 41.5 KM peg along Harare-Mutare High Way within 48hrs of the grant of this order,” read part of the order.
