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Court Reporter
The High Court has ordered a group of Zanu-PF supporters who had invaded a portion of Caledonia Farm to vacate the property with immediate effect pending finalisation of the land dispute.
Caledonia Enterprise (Private) Ltd and its owners Cde Paddy Zhanda and Ms Rina Leonie Dutoit, last week obtained an interim order to evict the liberation movement’s supporters who had taken over the farm. Justice Felistus Chatukuta sitting in his chambers, granted the application for the interim order.
“Pending the determination of this matter . . . applicants and all persons claiming lawful occupation through them be and are hereby restored to free undisturbed possession, use occupation and control over Lot 1 of Caledonia measuring approximately 297, 4369 ha held under Deed of Transfer 8541/96,” she said.
The judge also ordered a Cde Kawocha, believed to have led the occupation, and all other persons acting in common purpose with him to vacate the property.
“Failing their vacation . . . the Sheriff of Zimbabwe be and is hereby authorised and empowered to attend to the eviction of all such persons.”
Cde Kawocha, Lands and Rural Resettlement Minister Douglas Mombeshora and Chief Inspector Mahwe who is officer-in-charge Mabvuku police station were cited as respondents.
Cde Zhanda and Ms Dutoit sought a High Court interdict against the three after Cde Kawocha and a group he worked with were believed to have taken the law into their own hands and invaded the property.
Such behaviour, it was argued, created a classic spoliation scenario which in terms of the law required the matter to be treated with urgency.
Mr David Drury of Honey and Blanckenberg who argued the matter for the applicants, stated in his papers that the group damaged property at the farm.
Their continued stay, he argued, would result in further irreparable harm particularly to livestock corralled in a dura-walled portion of the property with inadequate grazing and watering facilities.
Cde Zhanda and Ms Dutoit made attempts to avoid the necessity of litigation by inviting police to restore order, but failed.
This prompted them to approach the High Court for relief. Last week thousands of the Zanu-PF supporters gathered at the farm compound for a rally to drum up support for Cde Mavis Gumbo.
She was one of the candidates that had been given the green light by the Electoral Court to contest for Harare East by-election scheduled for June 10.
But her candidature has since been withdrawn in favour of Cde Terrence Mukupe who won the primary election last month.
Cde Kawocha and his group had opposed the application.
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