A Harare Magistrates’ Courts Deputy Sheriff has been charged for allegedly endorsing false information on his return of service purporting to have served a Harare businessman whom he accused of ignoring the court order.
Gift Chingore (56), who is being charged with criminal abuse of duty as a public officer, has defended his actions, saying the complainant in the matter, director of Quest Motor Corporation, Tarik Adam, allegedly raised false allegations against him in an attempt to avoid contempt of court charges.
Allegations are that Adam and Chingore had a dispute which was pending at the courts over the occupation of buildings at number 147 Mbuya Nehanda Street in Harare.
This came after the Supreme Court granted an order, to Ritenote Printers, for the eviction of Adam and his company from the disputed business stand.
However, Chingore is alleged to have gone to 147 Mbuya Nehanda on June 29 where he evicted builders who were working on site without serving the owner of the premises, Adam, with a notice of eviction.
It is alleged after evicting the builders, Chingore allegedly endorsed false information on his return of service, purporting he had served the notice on one Noah.
He is further alleged to have endorsed that Adam had demolished the building despite being served with the notice.
The State alleges Chingore had no right to evict Adam from the premises without serving him with a notice of eviction or to lie that Adam had demolished the building.
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Chingore denied the charges and told Harare magistrate Fadzayi Mutavayi that on June 24, he served notice together with writ of execution at Adam’s premises and it was dully accepted on his behalf.
He further told the court he gave Adam a 48-hour notice, which he was not entitled to in terms of the law and upon expiry of the period, he went to the premises only to discover Adam had allegedly destroyed windows, doors and the front part of the premises in breach of the court order.
He said a contempt of court charge against Adam was applied for at the Supreme Court and the matter is still pending.
The trial continues on Friday this week.
