THE late nationalist Leopold Takawira’s son, Dr Samuel Takawira, has been given a 48-hour notice by the High Court to vacate Earling Farm in Mvurwi which he occupied after dispossessing the legal owners, Christopher and Maidei Masawi.
SENIOR COURT REPORTER
According to a High Court order issued under case number HC14343/12 by Justice Pricilla Chigumba on Wednesday last week, Takawira is barred from setting foot on Plot 15 and 16 of the said farm which is legally owned by the couple.
“The respondent [Takawira] is living in open defiance of the law. He cannot be allowed to thumb his nose at the law and get away with it. The applicants are before this court to assert their rights. This court is enjoined and duty-bound to assist them, especially in light of the thuggish behaviour and greed exhibited by the respondent,” Justice Chigumba said in her judgment.
“To mark its displeasure at the lawless conduct of the respondent, an award of costs on a higher scale has been deemed appropriate, in the result, it is ordered that: Summary judgment be and is hereby granted in favour of the applicants. The respondent is ordered to keep the peace towards the applicants at all times and is barred from making threats of whatever nature to the applicants.”
According to the court papers, this is not the first time Takawira has been issued with a court order against the same property.
On May 8 2013, High Court judge Justice Lavender Makoni issued an order in favour of the couple again barring Takawira from interfering with their operations at the farm as well as their workers and or agents.
According to Maidei’s affidavit, she was, on December 4 2001, allocated Plot 15 Earling Farm together with her husband in joint ownership through an offer letter (Ref L/183) which was signed by then Minister of Lands, Agriculture and Rural Development Joseph Made dated December 4 2001.
She said problems started sometime in 2002 when Retired Brigadier General Charles Nhapata, who also claims ownership of some of the infrastructure on the disputed land, allegedly came and forcibly occupied the sheds, and the main compound “claiming that he was a soldier as well as a liberation fighter who is allowed to stay wherever he wants at any time he wants”.