THE eldest son of late sungura legend, Simon Chimbetu, has secured a High Court order staying his eviction from Doddington Farm in Chegutu, while his uncle Allan Chimbetu remains subject to removal.
High Court judge Justice Maxwell Takuva granted Collen Chimbetu’s urgent chamber application, halting execution of a writ of ejectment pending determination of his separate bid to set aside the writ entirely.
Collen represented by Advocate Fungai Chinwawadzimba cited Angeline Jambwa represented by Brian Kashangura while Tarisai Chiurugwi by Amanda Phiri.
Jambwa and Chiurugwi obtained a default judgment on September 11, 2006 under case HCH 4396/05, ordering eviction of Allan and all claiming occupation through him from Doddington Farm.
However, Collen was never cited in those proceedings, and his case is that he has occupied Subdivision 8 of Doddington farm since March 2007, six months after the judgment under authority from the Lands ministry.
The court heard that he has established farming operations with approximately 50 hectares of maize nearing maturity.
Collen said he only learned on February 27, 2026 that execution was imminent.
Collen submitted that he later sought legal advice and filed within days, arguing the writ is unclear about which portion of the farm it covers and would unlawfully affect him.
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He has consequently filed an application seeking to challenge the writ of ejectment and now seeks interim relief in the form of a stay of execution pending the determination of that application.
The respondents opposed, claiming Collen lacked legal standing, derives rights through Allan, and is bound by the judgment.
They also disputed urgency, arguing the 2006 order meant he should have acted earlier.
Justice Takuva dismissed these arguments.
He noted that Collen was not cited in the original case and has occupied the land since 2007.
“The applicant’s complaint is not directed at the judgment itself, but at the attempt to execute a writ whose scope is disputed and whose application to his occupation remains contested,” Justice Takuva said.
“The court is not presently called upon to determine the validity of the applicant’s rights to the land. That issue falls for determination in the application seeking to set aside the ejectment.
“The relevant inquiry is whether execution should be permitted to proceed before that challenge is heard in my view, permitting execution in the circumstances would create a real risk of irreparable prejudice.”
He found permitting execution before Collen’s challenge was heard would cause “irreparable prejudice”, given the maturing crops and established farming operations that “cannot easily be reversed”.
“The balance of convenience therefore overwhelmingly favours preservation of the status quo.
“The interests of justice demand that the court ensures that the applicant’s challenge to the writ is heard and determined before irreversible steps are taken,” Justice Takuva said.
The court dismissed the respondents’ preliminary points, stayed execution of the writ until Collen’s application to set it aside was determined, barred the Sheriff from taking further steps, and ordered Jambwa and Chiurugwi to pay costs jointly.
“I am accordingly satisfied that the applicant has established a proper basis for the grant of a stay of execution pending determination of his application to set aside the writ of ejectment,” the judge ruled.
“The preliminary points raised by the respondents be and are hereby dismissed.”
Simon Chimbetu founded the Orchestra Dendera Kings and was one of the country’s most beloved musicians.
Collen Chimbetu represented by Advocate Fungai Chinwawadzimba cited Angeline Jambwa represented by Brian Kashangura while Tarisai Chiurugwi by Amanda Phiri.
