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High Court judge, Justice Rodgers Manyangadze, has granted Bona and Simbarashe Mutsahuni Chikore a chance to fight for their Mazowe farm by staying execution of an earlier judgement evicting them.
The couple was barred from occupying part of the farm last month after a High Court judge, Munamato Mutevedzi, granted a default judgement in favour of National Tested Seed.
National Tested Seed had approached the High Court claiming ownership of part of Extent of Sigaro Farm in Mazowe measuring 168 hectares.
After a default judgement was passed, the couple rushed to court through their lawyers, Jonathan Samukange and Brighton Pabwe.
The relief was granted after they explained their position.
“Whereupon after reading documents filed of record and hearing counsel, the application for stay of execution be and is hereby granted.
“Execution of the default judgement granted in case HC 3720/22 be and is hereby stayed pending determination of the application for rescission of judgement filed in case no HC 4100/22. Costs shall be in the cause,” ruled the judge.
In his founding affidavit seeking reversal of judgement, Chikore said they did not willfully ignore the court application against them.
“The default by me and my legal practitioners was not willful in the circumstances regard being the fact that the notice of set down was served at an address which was not the chosen address of service…the lawyers and I were eagerly waiting for the notice of set down at the chosen address of service, which is 92 Chinamano Avenue, Harare, but only for the notice of set down to be served at the farm in Mazowe,” he said.
The late former President Robert Mugabe’s son in law said the service at the alleged farm was never brought to his attention until a perusal of the record was done by lawyers.
“On the merits of the urgent application, I submit that there is a good chance the opposition and defence and I wish to incorporate herein the contents of my opposing affidavit in case number HC3270/22.
“In summary, respondent has never been in possession of the shed since it was granted its offer letter by the Lands minister.
“It has always been me and my wife. The respondent has always had access to the farm save for the shed.
The respondent, in its founding affidavit, categorically stated the Chikores were ordered off parts of their Mazowe farm in June.
The couple failed to oppose a court application by National Tested Seed and the judgment was granted in default.
In his ruling, Justice Munamato Mutevedzi had highlighted that if the couple fails to adhere to the order, the Sheriff will move in on them.
“National Tested Seed be and is hereby, forthwith, restored full control, occupation and possession of the remaining Extent of Sigaro (S/D 3) in the District of Mazowe, measuring approximately 168 hectares in extent.
“Simba and Bona Mutsahuni and any person acting through them are hereby directed, forthwith, to allow National Tested Seed full control, occupation and possession of the remaining Extent of Sigaro (S/D 3).
“In the event that Simba and Bona, and all persons claiming occupation through them, neglect or refuse to comply with any of the above, the Sheriff of the High Court or his lawful deputy are hereby ordered to remove respondents and any persons, acting through them, and any movable property introduced by them, or remaining on the Extent of Sigaro (S/D 3) in the District of Mazowe,” said Mutevedzi. NewZimbabwe
