IN THE HIGH COURT OF ZIMBABWE
CASE NO. HC 982 /2010
HELD AT HARARE
In the matter between:
SILVERTON ESTATES (PRIVATE) LIMITED Applicant
And
M I KAMBA First Respondent
And
S ZUZE Second Respondent
And
A MASONA Third Respondent
And
MINISTER OF LANDS AND RURAL RESETTLEMENT Fourth Respondent
And
THE OFFICER COMMANDING Z R POLICE CHIPINGE
(DISPOL) Fifth Respondent
And
THE OFFICER COMMANDING ZR POLICE
MANICALAND PROVINCE (PROPOL) Sixth Respondent
And
THE ATTORNEY GENERAL OF ZIMBABWE Seventh Respondent
PROVISIONAL ORDER
TO THE RESPONDENTS:
TAKE NOTICE that on the 25TH day of FEBRUARY 2010, the High Court sitting at Harare before the Honourable Mr. Justice Omerjee issued a Provisional Order as shown overleaf.
The annexed Chamber Application, Affidavit 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 to 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) days after the date on which this Provisional Order and annexures were served upon you. You will also have to serve a copy of the Notice of Opposition and Affidavit/s on the Applicant 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 Applicant’s Legal Practitioner or 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 Applicant, for directions from a Judge as to when the matter can be argued.
_________________
BY THE JUDGE
_________________
REGISTRAR
TERMS OF THE FINAL ORDER SOUGHT
TH AT you show cause to this Honourable Court why an Order should not be made in the following terms:
1. That it be and is hereby declared that the summery entry by the respondents and other persons acting for them, on their behalf and /or for their benefit and at their instance and/or such other persons not being the applicant’s employees, officers or invitees onto the property possessed by the applicant being Silverton Estates situate in Chipinge on and after the 26th January 2010 amounts to spoliation, and is and continues to be unlawful.2.
That it be declared that the applicants’ right and entitlement to peaceful and undisturbed possession and use of its property shall continue without interference until such a time as the applicant is lawfully ejected from Siverton Estates by Court Order having final effect.
3. That it be and is hereby declared that the summery appropriation and use of applicant’s movable property on Silverton Estates by the respondents and all such persons acting for them and through them and/or such other persons not being the applicant’s employees, officers or invitees on or after the 26th January 2010 is unlawful for want of compliance and/or authority in terms of enabling law.4. That an interdict be and is hereby granted against the respondents from in any way summarily entering upon Silverton Estates and from taking over possession, control and us
e of applicant’s standing crops, plantations, livestock, machinery and equipment save in accordance with compliance under enabling law and further subject to the completion of all recognised legal process proceedings including the right to appeal or review by the applicants.
5. That the first, second and third respondents pay the costs of this application.
INTERIM RELIEF GRANTED
It is hereby ordered that, pending the determination by this Honourable Court of the issues referred hereinabove, it is ordered :
1. That it be and is hereby ordered that the applicant, its representatives, employees and invitees forthwith be restored to possession and use of Silverton Estates.
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2. That all chains, locks, barricades and other impediments placed on or introduced onto Silverton Estates by the respondents or other acting in common purpose with them for their benefit or at their instance or for them or through them, be removed so as to allow free and unimpeded access by the applicant, its representatives, employees and invitees to their residences and outbuildings.
3. That the respondents and all persons claiming occupation through them and/or such other persons acting for them or through them be and are hereby ordered to forthwith remove themselves from Silverton Estates so that the status quo ante to the peaceful and undisturbed possession and use of the applicant of Silverton Estates and the movables thereon as at the 25th Januaty 2010 be achieved. 4. In the event of failure by the respondents and all persons acting for them or through them to vacate and give up possession of Silverton Estates, the Deputy Sheriff of Chipinge and/or Mutare be and are hereby authorised and empowered to attend to the removal of such persons and their property from Silverton Estates so that the status quo ante to use and possession of the said property as at 25th January 2010 is achieved. Pursuant to such removal, the Deputy Sheriff of Mutare and/or Chipinge be and is hereby authorised to enlist any member of the Zimbabwe Republic Police to attend to assist in such removal and such members of the Police force are hereby ordered to attend and provide such assistance to the Deputy Sheriff so that the provisions of this order are executed and implemented in full.
5. The Deputy Sheriff, if need be with the assistance of members of the Z R Police be and are hereby authorised and empowered to attend to the recovery of any movable equipment, material or property in the possession of the first respondent or any other person acting for him or through him or not being the applicant’s employees, representatives or invitees.
6. That this provisional order shall be served by the Deputy Sheriff and /or the applicants’ legal practitioners and /or the applicants.
_____________________ _________
BY THE JUDGE REGISTRAR
DATE: _______________