IN THE HIGH COURT OF ZIMBABWE CASE NO HC 6109/09
HELD AT HARARE
In the matter between:
J B W ARDEN & SONS (PVT) LTD 1ST APPLICANT
LYNIAN (PVT) LTD 2ND APPLICANT
WILLIAM GILCHRIST NICOLSON 3RD APPLICANT
AND
MINISTER OF LAND AND RESETTLEMENT 1ST RESPONDENT
SHINGIRAI BOBO (aka Makoni) 2ND RESPONDENT
MR DUBE (aka CDE. CHIMIMBA) 3RD RESPONDENT
TO: The Minister of Lands and Rural Resettlement – 1st Respondent c/o Attorney General’s Office – Civil Division Lands Department, 2nd Floor New Government Complex, Off 4th Street / Samora Machel Ave, Harare
AND TO: Shingirai Bobo (aka Makoni) – 2nd Respondent c/o Umfuli Banks Farm, Chegutu alt: 1765 Kettle Trail Drive, Chegutu
AND TO: Mr Dube (aka Chimimba) – 3rd Respondent c/o Umfuli Banks Farm, Chegutu alt: Shell garage, Chegutu
AND TO: The Attorney General’s Office – Civil Division – 2nd Floor New Government Complex, Off S Machel / 4th Street, Harare (1st Respondent’s Legal Practitioners)
TAKE NOTE that on the 8th Day of December, 2009 Honorable Mr. Justice Karwi sitting at Harare issued a Provisional Order.
The annexed chamber application, affidavits and documents were used in support of the application for this provisional order.
If you intend to oppose the confirmation of this provisional order, you will have t file a Notice of Opposition in Form No 29B. together with one or more opposing affidavits, with the Registrar of the High Court at Harare within ten (10) on days after the date on which the provisional order was served upon you. you will also have to serve a copy of the Notice of Opposition and affidavits on the applicants’ at the address for service specified in the application.
If you do not file an opposing affidavit within the period specified above, this matter will be set down for hearing in the High Court at Harare without further notice to you and will be dealt with as an unopposed application for confirmation of the provisional order.
If you wish to have the provisional order changed or set aside sooner than the Rules of Court normally allow and can show good cause for this, you should approach the applicants’ Legal Practitioner to agree in consultation with the Registrar, on a suitable hearing date. If this cannot be agreed or there is great urgency, you may make a chamber application, on notice to the applicants’, for directions from a judge as to when the matter can be argued.
Date: 8th December 2009
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JUDGE REGISTRAR
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honorable Court of why a final order should not be made in the following terms:
1. That applicants, their representatives and employees right to quiet undisturbed, possession of their residences and outbuilding and surrounds on Umfuli Banks Farm, in Chegutu (hereinafter called “the property”) shall subsist until such time as applicants – should it be necessary or expedient – are lawfully evicted from the property through a competent order of court having final effect.
2. That it be and is hereby declared that eh summary entry onto the property and the self-help conduct of 2nd and 3rd respondents and all other persons acting in common purpose or in association with them as further and better particularized in the founding affidavit be and is hereby declared to be unlawful.
3. That 2nd and 3rd respondents be interdicted from in any way of entering upon any residences and outbuildings on Umfuli banks farm and of in any way threatening or impeding the applicants, or their representatives, employees and invitees use and enjoyment to the same and that all assertions or claims to the possession or use of applicants property first be required to be resolved through appropriate court orders in accordance with due process and rule of law.
4. That applicants movable equipment and material listed, but not limited to Annexure “2” to this application, be and is hereby declared to be the property of applicants and/or their representatives are hereby authorized and empowered to attend, if considered necessary or appropriate, to remove such property from Umfuli Banks Farm, Chegutu for use and/or storage and safekeeping elsewhere.
5. That the costs of this applicant be paid by 2nd and 3rd Respondents jointly and severally, the one paying the other to be absolved.
INTERIM RELIEF
Pending determination of this matter, the applicant is granted the following relief:
a) That the status quo ante to applicants possession, control and occupation of their residences, outbuildings and surroundings and surrounds on Umfuli Banks farm, Chegutu as at Wednesday 24 November, 2009 to be restored.
b) That 2nd and 3rd respondents and all other persons claiming occupation and possession of the property through them and/or all other person not being representatives, employees or invitees of applicants are directed to forthwith vacate the property removing all movable property that may have been introduced by them onto the property. To the extent that it becomes necessary or expedient, the Deputy Sheriff is hereby authorized and empowered to attend to the removal of 2nd and 3rd respondents and/or all other persons not being representatives, employees or invitees of applicants from the property. Pursuant to this, that the Deputy Sheriff be and is hereby authorized and empowered to enlist that assistance of any member of the Zimbabwe Republic force, who are directed to provide to the Deputy Sheriff such assistance, so that the provisions of this Order are executed and implemented in full.
SERVICE OF PROVISIONAL ORDER
That leave be and is hereby granted to applicants’ legal practitioners or the Deputy Sheriff to attend to the service of this order forthwith upon the Respondents in accordance with the Rules of the High Court.
Date: 8th December 2009
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BY THE JUDGE
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REGISTRAR