High Court evicts 30 “dirty hands” families from Chiyangwa’s farm
Zanu PF businessman Philip Chiyangwa has won a case against 30 settlers who invaded his Old Citrus Farm in Chinhoyi following dismissal of their urgent chamber application by the High Court.
High Court Justice Pisirayi Kwenda on Monday ruled the 30 settlers were aware the farm was gazetted and were supposed to leave immediately after the notice was issued.
Justice Kwenda also accused the settlers of approaching the court with “dirty hands” adding that lawlessness should not be tolerated.
The ruling comes after 30 settlers had filed an urgent chamber application against Chiyangwa seeking to interdict him from evicting them. They cited him as the first respondent.
On behalf of the settlers, Abigail Dzapasi also cited as respondents the officer-in-charge of Chinhoyi Rural Police Station, the officer-in-charge Chinhoyi CID offices, officer commanding Mashonaland West, and Lands Minister Anxious Masuka.
But the Judge ruled against the settlers accusing them of coming to court with “dirty hands” adding that anyone who remained in occupation of the farm would be committing a crime.
“Applicants, in this case, are aware that the land they occupy was duly acquired by the state and gazetted. The gazetting and acquisition are within their knowledge,” the judge ruled.
“They do not have to wait to be evicted. The law requires them to give up occupation voluntarily. In my view an order of this court protecting, by way of an interdict, unlawful conduct would have the effect of putting the applicants above the law. The application can, therefore, not succeed.
“Similarly, no one may take occupation or use of gazetted land without lawful authority.” Nehanda Radio