Saviour Kasukuwere land wrangle rages on
A WAR veteran who has been fighting former Cabinet minister Saviour Kasukuwere over a Mazowe farm has approached the High Court seeking an order barring his eviction from the premises.
Efanos Mudzimunyi cited former Cabinet minister Saviour Kasukuwere, Seaflower Investments (Pvt) Ltd; Lands minister Anxious Masuka and the Sheriff of the High Court of Zimbabwe.
The court heard that Masuka withdrew Kasukuwere’s offer letter for Concorpia Farm, which was later withdrawn, prompting him to approach the courts and was granted spoliation relief.
However, on March 4 Mudzimunyi was issued an offer letter for subdivision 2 of Concorpia Farm by the Lands ministry and began operations.
The matter spilled back into court and on May 19, Kasukuwere was granted another spoliation order and later applied for leave to execute it pending the hearing of an appeal that had been noted by Mudzimunyi.
When the Sheriff sought to execute the said order, Mudzimunyi filed the present application for stay of execution.
“The applicant will be left homeless and with no recourse at law as it is also accepted that the first respondent (Kasukuwere) is now a fugitive from justice… if the court reaches the decision that the third respondent is perfectly within his rights in withdrawing the first respondent’s offer letter, the court would have made empty noises and the applicant will have suffered irreparable losses,” Mudzimunyi said.
In the main application, Kasukuwere told the court that he was offered occupancy of Corncorpia Farm in Mazowe in September 2002 in terms of the Agricultural Land Settlement Act.
He said since then he had been in peaceful occupation of the farm, adding that the late Lands minister Perrance Shiri had tried, but failed to withdraw his offer letter.
Kasukuwere filed an urgent application for spoliation against the respondents (Mudzimunyi and his farm workers) on May 19 which was granted by the High Court.
The respondents have since filed an appeal against the High Court decision in the Supreme Court and continued to harvest produce at Kasukuwere’s farm. Kasukuwere now wants an order from the High Court issued in his favour to be executed pending hearing of the Supreme Court appeal.
The respondents were given 14 days from May 29 when the order was made to vacate the property in lieu of which the Sheriff was directed to effect to the order by ejecting them from the property