Germany based firm contests farm occupation
Herald, Friday, October 15, 2010
By Peter Matambanadzo
A GERMANY-based company has approached the High Court seeking an urgent order to stop the acquisition of Elsinora Farm, in Mazowe, for resettlement claiming that it is protected under a Bilateral Investment Promotion and Protection Agreement.
Forrester Estate (PVT) Ltd, is also seeking to stop Mr Daniel Chirume, the resettled farmer, from taking 200 head of cattle, 50ha of irrigated tobacco, 50ha of maize, 10ha of peas.
Forrester Estate (PVT) Ltd director Mr Duncan Hamilton, in his founding affidavit, stated that Mr Chirume illegally occupied a section of Forrester Estate in Mazowe on October 1.
In the urgent chamber application, Mr Chirume said his company was duly incorporated and registered in terms of the laws of Zimbabwe and majority of shareholders were Germans whose investment is protected by BIPPA.
He said the agreement was signed between the Zimbabwean Government and their German counterparts on September 29 2005.
Mr Hamilton said: “The respondent (Mr Chirume) forcibly occupied applicants (Foresster Estate) property known as Elsinora situated in Mazowe and is also known as Section D of Forrester Estate on October 1 in the morning,” he said.
He said Mr Chirume occupied the farm purporting to have an offer letter of the property, but did not show anyone the letter.
Since October 1, Mr Hamilton said Mr Chirume has brought his cattle and started constructing a thatched round hut and a kraal.
“This occupation was done without our consent, neither did the respondent (Mr Chirume) have a court order authorising him to do so.
In any event no court order has been obtained for our eviction,” Mr Hamilton said.
He said prior to Mr Chirume’s occupation, Forrester Estate was in peaceful possession of the property in question.
Judge President Justice George Chiweshe set the matter for hearing today.