EX PARTE URGENT CHAMBER APPLICATION IN THE HIGH COURT OF ZIMBABWE CASE NO HC 502/10
HELD AT HARARE
In the matter between:
CHIRIGA ESTATES (PVT) LTD 1ST APPLICANT
(Represented by Algernon Tracy Taffs)
STILFONTEIN ESTATES (PVT) LTD 2nd APPLICANT
(Represented by David Hercules Joubert)
SILVERTON ESTATES (PVT) LTD 3RD APPLICANT
AND
THE ATTORNEY GENERAL OF ZIMBABWE N.O 1ST RESPONDENT
THE PROVINCIAL MAGISTRATE – 2ND RESPONDENT
CHIPINGE: MR S ZUZE
THE MINISTER OF LAND AND RURAL 3RD RESPONDENT
RESETTLEMENT
THE OFFICER IN CHARGE – ZR POLICE 4TH RESPONDENT
CHIPINGE DISTRICT
PROVISIONAL ORDER
TO: Attorney General of Zimbabwe N.O – 1st Respondent c/o 2nd Floor New Government Complex
AND TO: The Provincial Magistrate – 2nd Respondent c/o Chipinge Magistrates Court, Chipinge
AND TO: Minister of Land and Rural Resettlement N.O – 3rd Respondent, c/o Civil Division – Lands Department, 2nd Floor New Government Complex, Off 4th Street / Samora Machel Ave, Harare
AND TO: The Officer in Charge – ZRP Chipinge – 4th Respondent c/o ZR Police, Chipinge District
TAKE NOTE that on the 27th Day of January 2010, Honourable Justice Kudya sitting in Chambers at Harare issued a Provisional Order.
The annexed chamber application, affidavits 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 the provisional order was served upon you. You will also have to serve a copy of the Notice of Opposition and affidavits on the applicants’ 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 applicants’ Legal Practitioner to agree I 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 applicants’, for directions from a judge as to when the matter can be argued.
Date: 27/01/2010
___________________
Judge Registrar
FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms –
1. That it be and is hereby declared that the operation of the order issued against Applicants by the Magistrates Court of Chipinge on 26 January 2010 requiring applicants to vacate their properties by 1700hrs on the 27th of January 2010 be and is hereby suspended until the finalization of the appeals lodged by the Applicants.
2. That the District Police Officer of Chipinge (Dispol) and all other police officers of his command be and are hereby directed to stop the removal of the Applicants and all persons claiming occupation of Applicants’ properties through Applicants.
3. In the event of opposition to the grant of this order, that Applicants be paid costs of suit.
INTERIM RELIEF
Pending the confirmation or discharge of the Final order the following interim relief is granted and accordingly it is ordered:
(a) That the 2nd respondent be and is hereby directed to forthwith order the Zimbabwe Republic Police to stay the ejectment of Applicants forthwith pending the finalization of the application for a declaratory.
SERVICE OF PROVISIONAL ORDER
That leave be and is hereby granted to applicants’ legal practitioners and/or the Deputy Sheriff to attend to the service of this order forthwith upon the Respondents.
Date: 27th January, 2010
________________________
BY THE JUDGE
_________________________
REGISTRAR