HH 401-18 DOROTHY M SHAMUYARIRA versus FRED MAKONESE

DOROTHY M SHAMUYARIRA

versus

FRED MAKONESE

 

 

 

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 21 and 22 June 2018 & 27 June 2018

 

 

Civil Trial

 

 

E Mubaiwa, for the plaintiff

Ms H. M Makonese, for the defendant

 

 

            ZHOU J: The plaintiff instituted the instant claim for the eviction of the defendant and any persons claiming occupation through the defendant from a piece of land known as Sub-division W/F of Mt Carmel of Railway, Chegutu in the Mashonaland West Province of Zimbabwe. Plaintiff also seeks costs of suit. The claim is contested by the defendant.

            The basis of the plaintiff’s claim as set out in her declaration is that she was offered the farm in question under the Government’s Land Reform and Resettlement Programme through an offer letter dated 19 August 2016. She pleaded that the defendant has occupied the farm in terms of a “purported” Farm Management Contract which he misled her into signing without the knowledge or consent of the Minister of Lands and Rural Resettlement. The plaintiff avers that the Management Contract is null and void because it was entered into without the knowledge or consent of the Minister. That therefore is the basis upon which the plaintiff asserts that the defendant’s occupation of the farm is illegal, and that he must be ejected.

 

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2018