Court orders Nkomo’s eviction from land
http://www.thezimbabwetimes.com/?p=17281
June 2, 2009
By Our Correspondent
THE Land dispute pitting businessman, Langton Masunda and Zanu-PF national chairman, John Nkomo looks set to come to an end after the High Court yesterday ruled that Nkomo should be ejected from the piece of land.
In a ruling handed down by Justice Francis Bere at the Bulawayo High Court yesterday, the Sheriff for Zimbabwe was ordered to eject Nkomo from Jijima Lodge and ordered him to cease all his activities on the farm.
Reads part of the judgment: “Now therefore you are required and directed to eject the said John Landa Nkomo and all persons claiming through him, his goods, and possessions from and out of all occupation and possession
whatsoever of the said ground and/or premises and to leave the same, to the end that the said Langton Masunda may peaceably enter into and possess the same, and for so doing this shall be your warrant.
The judgment, witnessed by Judge President, Chief Justice Godfrey Chidyausiku upheld an earlier decision that had been passed by the same court in 2006 which entitled Masunda to the piece of land.
Reads part of the judgment handed down then: “.Masunda, through his legal practitioners obtained an order in the High Court of Zimbabwe on the 7th day of July 2006 against John Nkomo ordering him and all persons acting through him not to interfere with his occupation of Jijima Lodge at present occupied by the said John Nkomo as appears of record.”
The 2006 ruling rescinded and set aside a decision by Nkomo to withdraw the offer letter he had issued to Masunda for the land where the property that has seen the two become regular visitors to the courts is situated.
“The decision of the first respondent to withdraw the offer of the land made to the applicant be and is hereby set aside,” read the June 2006 order.
It added: “Applicant (Langton Masunda) be and is hereby reinstated in his occupation and use of the land he was allocated by the first respondent and to this occupation of Jijima Lodge and its environs.”
The same ruling interdicted Nkomo’s agents, including the Zimbabwe Republic Police (ZRP) which had been tasked by Nkomo to keep Masunda off the farm, from interfering in Masunda’s occupation and use of the land and the lodge.
It remains to be seen whether Nkomo will respect the final judgment issued for enforcement by the Sheriff of Zimbabwe and/or his deputy.
Recently, Nkomo’s agents pummeled five bullets onto Masunda’s young brother Patrick in a case of mistaken identity. Masunda suspected he could have been the target of the shooting.