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Daniel Nemukuyu Senior Court Reporter
Mutare businessman Mr Newman Chiadzwa is challenging his eviction from his business premises at Zengeni Business Centre near Chiadzwa diamond fields and the takeover of the premises by Government. Chiadzwa claims he was leasing his immovable property to Mbada Diamonds, who used it as a staff clinic, before the building fell vacant in 2015 when the mining firm was chased away.
When Mbada Diamonds left, Mr Chiadzwa took over his property and started renovations.
While renovating the property, his staff were evicted by the Sheriff of the High Court and the police to pave way for the new Government mining concern, Zimbabwe Consolidated Diamond Company.
Mr Chiadzwa argued that he was evicted without any court order and that his property rights were violated in the process.
To that end, Mr Chiadzwa, through his lawyer Mr Tonderai Bhatasara of Mupanga Bhatasara Attorneys, filed an urgent chamber application seeking restoration of his control and ownership of the property.
In the urgent chamber application filed at the High Court, the Sheriff of the High Court, Zimbabwe Consolidated Diamond Company, Minister of Home Affairs, the Commissioner-General of Police and Mbada Diamonds were listed as respondents.
Mr Chiadzwa, in his founding affidavit, argued that the actions of the police and the Sheriff were unlawful and that they amounted to spoliation.
“The applicant was in undisturbed and peaceful possession of the premises and the movable property that he was forcibly removed from, read the court paper.
“The actions of first to fourth respondents amount to spoliation. It is illegal. The actions of the respondents were not sanctioned by any court order or lawful authority.”
The eviction and dispossession, according to the court papers, was done using intimidation and excessive force.
Even if there was a court order, Mr Chiadzwa argued, he was never party to any court proceedings. Mr Chiadzwa argued that the respondents violated sections 52, 57, 68, 71 and 74 of the Constitution of Zimbabwe through their actions.
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