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High Court orders Chief Chikwaka to vacate farm, says he occupied land in hostile and unlawful manner

High Court judge, Justice Tawanda Chitapi ordered Chief Chikwaka of Goromonzi to immediately vacate Ivordale Farm owned by Andrew John Pascoe. The judge ruled that the chief had occupied the farm unlawfully and in a hostile manner despite the fact that he had an offer letter from the ministry of land and rural resettlement. However, the ministry told the court that it did not support a policy of hostile takeovers. The charge arises from the fact that Chikwaka hired youths to seize the farm.

Justice Chitapi also criticized the chief’s conduct in his ruling saying:

Taking into account that as a chief he must lead by example and obey and uphold the country’s laws. Even the first respondent (ministry of lands), has deposed to the fact that it does not support a policy of hostile takeovers.

The facts of the matter are straightforward. The first respondent has downsized the applicant’s farm. The applicant has property and crop on the farm. Until such time that the applicant vacates the portion allocated to the second respondent either on his volition or by eviction sanctioned by law, no one is allowed to forcibly occupy the farm including the portion allocated to the second respondent

Pascoe was represented by Advocate Fadzayi Mahere while Chief Chikwaka was represented by Jonathan Samkange.

More: New Zimbabwe

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