Zvoma loses land claim

conducting farming activities on Plot 4 of Kilworth Farm in Norton pending determination of his rival’s appeal.

Justice Samuel Kudya last Friday passed a default judgment against Mr Zvoma after he failed to attend urgent chamber proceedings at the High Court.
Building contractor Mr Jeriphanos Mugaviri claims he was allocated five hectares of land on the farm and Mr Zvoma, who was allocated 244 hectares, is now seeking to take over his small piece of land.

Mr Mugaviri also accuses Mr Zvoma of vandalising a fence donated by the former farm owner.
The dispute, which dates back to 2006, was once heard in the magistrates’ court where Mr Zvoma got the green light to evict Mr Mugaviri from the farm. Mr Mugaviri claims he has since appealed against the magistrate’s decision and that Mr Zvoma should be barred from conducting any farming activities on the disputed land.

Mr Zvoma yesterday said he was not served with the summons and was not aware of the default judgment.
“I did not receive any summons. Since Wednesday last week I have been here in Victoria Falls attending Parliament business. Until I see the judgment, it is difficult for me to comment,” he said.

According to an affidavit by Mr Mugaviri that formed part of the urgent chamber application, at the height of the land acquisition programme, the former owner of Kilworth Farm, Mr G Christie donated part of the farm to the State.

The State accepted it and Mr Mugaviri claims he settled on the donated part of the land together with other settlers since 2001.
In 2006, he claims, the Ministry of Lands allocated him an A1 plot on the donated land through an offer letter dated May 5, 2006. Government later compulsorily acquired the other part of the farm that Mr Christie was still occupying and it was allocated to Mr Zvoma.

“I was allocated Plot 4 of the donated land under A1 and I was issued with an offer letter dated May 5, 2006.
“In 2006, the State acquired the other part of the farm that had not been donated and offered it to the respondent (Zvoma) under the Model A2 scheme on November 22, 2006 after I had long been allocated Plot 4 of the donated section.

“It is clear from the offer letter and acceptance declaration that the respondent was offered and accepted only the designated subdivision and not the whole of Lot 2 of Kilworth Farm,” he said.
The application showed that Mr Zvoma took over 3 x double storey buildings with total number of more than 36 rooms built on the approximately 244 hectare piece of land.

Mr Mugaviri argued that when Mr Zvoma took occupation of the land he started disturbing his peace.
“He took the law into his own hands, vandalising fences on the donated section of the farm. He closed roads that were used to get to and from adjoining properties . . .” he stated.

He maintained that Mr Zvoma had no claim to the donated land.
“The respondent must have appreciated that that he had no claim to the donated section of the farm. If otherwise, as a Clerk of Parliament, he should have been complicated enough to know that if he had such a claim, he could gain occupation of that section through an application to the responsible ministry following the procedure of the Gazetted Lands (Consequential Provisions) Act,” he said.