Buhera South MP Joseph Chinotimba (Zanu PF) has successfully thwarted efforts to evict his son Edwin from a Chipinge macadamia nuts farm following a High Court judgment delivered in his favour on Wednesday this week.
BY CHARLES LAITON
Chinotimba through his lawyer, Jonathan Samukange, had early this year filed a joint application with Edwin and cited former farm owners H De Foiard Brown (Private) Limited and Lands minister Douglas Mombeshora as co-respondents.
The MP’s application came about after a High Court judgment had earlier been entered in Foiard Brown’s favour effectively evicting Edwin from the property which was cited as the remainder of Strepie of Hofstede measuring 164,00 hectares.
According to the court papers, the land had been acquired by government, but the firm was reluctant to move out in order to pave way for Edwin, prompting the latter to approach the courts for recourse.
In his judgment former High Court judge, now Supreme Court judge, Justice Chinembiri Bhunu, said: “During the course of the hearing the respondents quite correctly conceded that they had no right to possess and occupy the disputed land as the first applicant [Chinotimba] had purchased the land without first obtaining a certificate of no present interest as required by law.
“That concession left the respondents with no option, but to abandon their contest for the occupation of the disputed land
. . . it is accordingly ordered: that the first respondent H De Foiard Brown has no lawful authority to occupy and use acquired State land being the remainder of Strepie of Hofstede . . .”
Justice Bhunu added: “That the 2nd applicant Edwin Chinotimba be and is hereby declared to be the lawful occupier of certain piece of acquired State land being sub division 5 Chihosa of subdivision A of Excelsior of Hofstede in Chipinge . . . measuring 164, 00 hectares in terms of his offer letter dated February 2015.”
Justice Bhunu, however, referred to trial the issue of disputed ownership of movable property.