Commercial Farmers' Union of Zimbabwe

Commercial Farmers' Union of Zimbabwe

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Church leader in land dispute

Church leader in land dispute

APOSTOLIC Church Worldwide Revelation leader Isaac Tititi Moyo is embroiled in a dispute with his neighbour whom he wants evicted from Lot 1 Delvillewood Farm in Sherwood, 20km outside Kwekwe.

BY BLESSED MHLANGA

Moyo, in a matter filed at the Harare Magistrates’ Court under case 25319/16, accused Tichafa Chitate of squatting on his property after being illegally settled by the Ministry of Lands and Rural Resettlement represented by its permanent secretary, Grace Mutandiro.

The courts, in a default judgment on July 21, granted an eviction order against Chitate and his family from the 30 hectares of land which is under dispute.

However, Chitate successfully applied for a recession of judgment after filing papers with the Magistrates’ Court alleging that Moyo had secured the order without following procedure.

“I believe Moyo deliberately left me out of proceedings in order to snatch a judgment against me because I would have defended the matter had I seen the summons,” part of the application read.

Chitate, in his papers, said Moyo had not cited him in the lawsuit although the judgment affected him directly and not the ministry.

“I am not cited in the main action despite the fact that the proceedings affect me as the messenger of court came to my farm to evict me,” he said.

Chitate said the case of the land dispute was pending at the Harare High Court and expressed shock that an eviction order was now coming from the Magistrates’ Court.

“The matter is still pending at the High Court as stated above and Moyo also tried to use the Kwekwe Magistrates’ Court to evict me, but it was thrown out,” he submitted.

According to court papers, Moyo’s over 300-hectare farm is fenced excluding the land under dispute on which Chitate has built his homestead and established a grinding mill.

“His farm is already fenced and I do not know why he is claiming my piece of land wherein I have already built my homestead,” Chitate submitted.

Chitate, who was the first to be settled on the land, said when Moyo initially moved in, he used to share with the respondent electricity and water.

“When Moyo came and settled at the farm in 2005, I used to share my electricity and water from my borehole as a kind gesture,” he submitted.

The matter will now be heard on September 8.

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