Kenmast HC 3216/05

Kenmast Farming (Pvt) Ltd  & Another v Chirikure & Others

HC 3216/05WHEREUPON after reading documents filed of record and hearing council: IT IS DECLARED THAT: –1.      The acquisition of Farnley Farm in the District of Chegutu, in terms of the acquisition order published in the Gazette on the 29^th of July 2005, remained unconfirmed and was overtaken by the promulgation of the Constitution of Zimbabwe Amendment (No. 17) Act 2005, on the 14^th of September 2005.2.      By virtue of section 16B(2) of the Constitution of Zimbabwe, the entirety of the said Farnley Farm was duly acquired by and vested in the State with effect from 14^th September 2005.3.      The State is therefore fully entitled, with effect from the 14^th of September 2005, to allocate, lease or otherwise dispose of the said Farnley Farm in accordance with the Agricultural Land Settlement Act [Chapter 20:10] or the Rural Land Act [Chapter 20:08] or such other law as may be applicable.4.      The letters of offer dated the 8^th September 2005 from the Seventh Respondent to the First, Second and Third Respondents were issued before the said Farnley Farm was acquired by the State as aforesaid and are accordingly of no legal force or effect.5.      At the present time, the First, Second and Third Respondents have not been lawfully granted or allocated the right to occupy any portion of the said Farnley Farm and they therefore have no right or entitlement to enter upon or to occupy the said farm or any portion thereof.6.      The Applicants, having been duly authorised thereto in July 2002, are the lawful occupiers of the down-sized portion of the said Farnley Farm, known as the remaining extension of Farnley Farm and measuring 537.5 hectares [hereinafter referred to as “the Property”].7.      The Applicants are accordingly entitled to remain in occupation of the property and to continue their farming operations thereon until the right to occupy the Property is lawfully terminated by the Seventh respondent or such other authority as may be duly empowered thereto.  IT IS ACCORDINGLY ORDERED THAT: –1.      The First, Second and Third Respondent shall vacate the Property, together with their workers and respective families and their livestock, goods and materials, within 4 days from the date of this Order, that is to say, by 6.00 p.m. on the 30^th of September 2005.2.      The First, Second and Third Respondents or their agents shall not in any way interfere with the farming operations of the Applicants on the Property or with the activities and accommodation of the Applicants’ officers, workers, agents and contractors on the Property.3.      The First, Second and Third Respondents or their agents shall not in any way interfere with the use and control of the equipment, materials, goods and assets of the Applicants or their officers, workers, agents and contractors and the Applicants, and all such persons shall be free to remove their said belongings from the property.4.      The Fifth and Sixth Respondents shall investigate any complaint made by the Applicants relating to the breach of any provision of this Order and, if so required by this Court, shall cause a report of its investigations to be produced to this Court.5.      In the event of any relevant change of circumstances affecting the respective rights of the parties, any such affected party shall be at liberty to approach this Court with a view to seeking such order or relief as may be appropriate.6.      Each party shall bear its own costs in respect of this application.  26 September 2005