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Tenants defy eviction order

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MASVINGO property mogul Mohammed Shaheed Lambat has accused tenants leasing one of his city properties of using their Zanu PF links to defy eviction orders issued against them.

MASVINGO property mogul Mohammed Shaheed Lambat has accused tenants leasing one of his city properties of using their Zanu PF links to defy eviction orders issued against them.

SENIOR COURT REPORTER

Lambat made the claims in an affidavit filed at the High Court on July 25 this year after his two tenants Matilda Kamanda and Bonface Gumunyu defied a High Court eviction order and refused to vacate his property located at stand number 287 along Hughes Street.

“Applicants (Kamanda and Gumunyu) are applying the law of the jungle and undermining the integrity of the government and Zanu PF as a party,” said Lambat.

“Applicants seek to hide behind political connections to evade compliance with the court order. All my life, I have been staying in Masvingo and I also support Zanu PF. I submit that it is not Zanu PF’s policy of not respecting the courts of the land. Applicants are bad elements who are putting Zanu PF into disrepute,” he added.

Last week, Kamanda and Gumunyu filed an urgent chamber application at the High Court for stay of execution arguing that the court order evicting them from the building was granted without their knowledge.

However, Lambat, in his opposing affidavit said Justice Priscilla Chigumba granted the eviction order after his (Lambat) lawyer, Everson Samkange had applied for it in terms of the deed of settlement signed between the parties on April 5 this year.

But Kamanda and Gumunyu still maintained that the deed of settlement signed was null and void for want of authority from them, an assertion which Lambat dismissed as untrue.

“I submit that the applicants are in contempt of an order by this honourable court and they, therefore, have dirty hands. Applicants were directed to vacate the first respondent’s premises on September 6, 2013. Contrary to the writ of ejectment served on the 4th of September, applicants remain in occupation of the premises. They have refused to vacate,” he said.

“In defiance of the court order and in complete contempt, applicants broke into the premises and took occupation (on) the night of September 9 and have, therefore, not complied with the eviction order,” he added.

High Court judge Justice David Mangota reserved judgment in the matter to Tuesday next week.