National hero’s son’s appeal struck off roll
June 17, 2015
THE Supreme Court has struck off the roll an appeal by late national hero Leopold Takawira’s son, Samuel, where he was challenging his eviction from Earling Farm in Mvurwi.
BY CHARLES LAITON
The court ruled that Takawira had failed to comply with court rules.
Deputy Chief Justice Luke Malaba said Takawira’s appeal did not comply with the mandatory rule 29 of the Supreme Court Rules in that it cited two different dates on which the appeal was purported to have been noted.
“There is no valid appeal before the court for lack of non-compliance with the rule. The matter is therefore struck off the roll by consent,” Justice Malaba said.
Takawira’s appeal came about after he was booted out of the farm that he had seized from Christopher and Maidei Masawi, despite the existence of a court order barring him from interfering with the couple’s property.
According to the High Court order issued under case number HC14343/12 by Justice Priscilla Chigumba in July last year, Takawira was barred from setting foot on Plot 15 and 16 of Earling Farm.
“The respondent (Takawira) is living in open defiance of the law. He cannot be allowed to thumb his nose at the law and get away with it. The applicants are before this court to assert their rights. This court is enjoined and duty- bound to assist them, especially in light of the thuggish behaviour and greed exhibited by the respondent,” Justice Chigumba said in her judgment dated July 30, 2014.
“To mark its displeasure at the lawless conduct of the respondent, an award of costs on a higher scale has been deemed appropriate, in the result, it is ordered that: summary judgement be and is hereby granted in favour of the applicants.
“The respondent is ordered to keep the peace towards the applicants at all times and is barred from making threats of whatever nature to the applicants. The respondent is interdicted from coming to Plot 15 and 16 of Earling Farm, Mvurwi, without the consent of the applicants or such other lawful authority.”
According to the court papers, Justice Chigumba’s order was not the first one as Takawira had been issued with another court order by Justice Lavender Makoni against the same parties and property.