Farmer holds neighbour’s 70 herd of cattle

Brokelyn Farm, seized the beasts after they devoured her one-hectare maize field.
The cattle belong to her neighbour, Mr Andrea Van Der Merwe, the former owner of the whole farm. Mrs Mutasa claims that on February 6 this year the cattle destroyed her hectare of maize that was capable of producing nine tonnes of maize valued at US$2 565.
Over the past four years, Mrs Mutasa argues that she suffered other damages to the tune of US$10 260 linked to the delay by her neighbour to remove his property from the farm and other incidents of crop destruction.
She has already filed a claim at the High Court seeking compensation to the tune of US$2 565 for the crop damaged early last month and a further US$10 260 for the damages incurred over the past four years.
Mrs Mutasa argues that Mr Van Der Merwe was in the process of leaving the farm and that the 70 cattle was the only property left at the farm.
She argues that she could sell the beasts if the High Court ruled in her favour on the main claim. Mrs Mutasa suggested that she could keep the cattle with the assistance of the field officers pending the outcome of the case.
“I have filed summoned at the High Court claiming US$2 565 plus damages over four years of US$10 260.  I am seeking an order to keep the cattle under my custody until the court claim is determined.
“If I succeed, then the cattle will be auctioned to realise the amount granted by the court,” she stated.
Early this week Justice Susan Mavangira declined to hear the urgent chamber application for permission to hold on to the cattle for lack of urgency. Mrs Mutasa will now pursue her case as a normal court application.
According to the court documents, New Brokelyn Farm was acquired by the State and subdivided into three parts.
Mrs Mutasa was allocated subdivision 2 of the farm that measures 308,89 hectares in December 2006. There was a dispute with Mr Van Der Merwe resisting eviction from the part of the farm that Mrs Mutasa had been allocated, she said.
Mrs Mutasa stated that at one time, around 2007 the cattle were driven into her 3,5 hectare maize field and destroyed everything.
On February 6, Mrs Mutasa said she woke up to find Mr Van Der Merwe’s cattle in her field and called her brother to come and inspect the destruction.
An Arex official in the district assessed the damages and wrote a report.

 

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