Online Reporter
Arron Nyamayaro
THE HIGH Court has ordered a Chegutu Apostolic Faith Mission church leader, Reverend Peter Magejo to leave his congregant’s farm within 30 days.
Rev Magejo had been in a bitter dispute with Simbarashe Zindoga over Farm No. 4 Chigwell Estate, measuring 129 hectares.
Rev Magejo has been refusing to vacate the farm, which he claims was given to him as a gift by Zindoga.
Zindoga’s brother, Willard Madzima, told H-Metro that his younger brother pledged the farm to Rev Magejo at a time when he was ill and his sanity was questionable.
Their case was heard before the High Court judge, Justice Joel Mambara.
Delivering his judgment, Justice Mambara said on a balance of probabilities, the court concluded that the plaintiff remains the lawful holder of an offer letter for the entirety of Farm No. 4 Chigwell Estate, measuring 129 hectares.
“No valid surrender or cession of 60 hectares took place, in the absence of ministerial approval and genuine free consent by the plaintiff.
“The affidavits relied upon by the first defendant were obtained under circumstances that compromised the plaintiff’s mental capacity and did not comply with legal formalities.
“The first defendant holds no official instrument conferring lawful occupation; hence, his continued presence on the Farm is unlawful.
“Consequently, the plaintiff is entitled to an eviction order against the first defendant and to a declaration nullifying any documents purporting to cede or donate part of the Farm.
“It is accordingly ordered that:
Any and all affidavits, or similar documents, purporting to transfer, donate, or otherwise cede sixty hectares of Farm No. 4 Chigwell Estate, Chegutu, to the first defendant be and are hereby declared null, void, and of no force or effect.
“The first defendant, and all those claiming occupation through him, shall vacate the portion of Farm No. 4 Chigwell Estate they currently occupy within thirty days of service of this Order, failing which the Sheriff, or his lawful deputy, is authorized to effect eviction.
“The plaintiffs original offer letter dated 24 May 2013 remains valid, vesting him with lawful possession and occupation rights over the entire 129 hectares of Farm No. 4 Chigwell Estate, Chegutu.
“The first defendant shall pay the plaintiff’s costs of suit on the ordinary scale; reads part of the judgment.
Simbarashe Zindoga was represented by Angela Matarutso of Pundu and Company Legal Practitioners and Sibonile Chihombe was representing Rev Peter Magejo.
Mathew Masinge