Company contests farm seizure
HALLMARK Chicks (Pvt) Ltd, a subsidiary of CFI Holdings, has approached the High Court challenging the compulsory acquisition of its farm by the government.
In seeking to have the acquisition of Athena of Langford Farm reversed, the company cited as respondents Agriculture minister Anxious Masuka, beneficiaries Charles Saungweme, Rashid Magubhu, Major Tarwirei,
Lovemore Mahonye and Chinotimba Housing Cooperative.
Hallmark argues that Masuka did not comply with provisions of the Land Acquisition Act and wants all the
According to court records, the government attempted to acquire the farm for resettlement twice in 2001 and
once in 2005. Hallmark is arguing that the acquisition was irregular because the farm was classified under urban land.
“Per section 3 of the Land Acquisition Act, resettlement cannot take place in an urban area, such resettlement is
limited to rural land.
“Being urban land, such acquisition was done contrary to the clear and peremptory dictates of the constitutional
provisions. In particular the land purportedly acquired by the first defendant on August 5, 2005 is not land acquired
for agricultural purposes,” reads the application.
Hallmark further argued that the State was required to notify it as owners of its intention to acquire such land,
but no such notice was served.
“The non-compliance with peremptory provisions of the supreme law renders everything purportedly done a
nullity, void and of no force and effect.
“In any event, the first defendant had not paid any fair and adequate compensation to the plaintiff for the
purported acquisition of the land in issue…such compensation being a requisite to the acquisition process.”