Dis-array in Zimbabwe Court Case-
Friday, 20 April 2012 06:56 administrator
CHIREDZI – Prominent Zanu PF politicians, Retired Colonel Claudius William Makova, self-styled war veteran Francis Zimuto, Sharon Musakwa and thirteen other applicants had a bad day at the Chiredzi Magistrates Courts when a lawyer renounced agency in a case the group is fighting Tongaat Hullet.
The group wanted Tongaat Hullet, one of the most successful companies in the Lowveld evicted from the rich Chiredzi River Conservancy.
Of the sixteen applicants listed on the notice of application, two turned foe and submitted affidavits to the court dissociating themselves from the court action. They also put it to the court that all the 16 applicants were not entitled conservancy so being claimed by Makova and others.
A lawyer from Muzenda and Partners in Masvingo said he could not proceed to represent his Zanu PF clients against Tongaat Hullet just as the court sat down to start proceedings last week.
Makova is the second applicant, Francis Zimuto, the third while Sharon Musakwa is the sixth applicant in the court case. Tiani Lisenga is the first respondent while Tongaat Hullet is the second in a case in which the Zanu PF groups says the two are occupying the conservancy illegally.
Makova’s lawyer from Muzenda and partners had to dump his client after it was realized Muzenda and Partners were also the attorneys for Tongaat Hullet. According to the law firm, Muzenda and partners had a contract with Tongaat Hullet where the law will not act against the interests of Tongaat Hullet.
Applicants’ process was instituted by Messrs Muzenda and partners in Masvingo, while Prince Ganyani,a partner in Muzenda and partners law firm based in Chiredzi, is the legal counsel of Triangle limited, a subsidiary of Tongaat Hullet.
In the court Ganyani presented that it was unethical for his company to represent the applicants who have a case against one of their clients Triangle limited. He also submitted that his law firm has a written agreement with Triangle limited which bound him not to act against the interests of the company.
Triangle limited had souht services from two law firms, Scalene and Holderness of Harare and Muzenda &Partners of Chiredzi, creating another conflict of interest on the clients.
Welly Muzenda of Magoge, Mashindi and Muzenda representing Tiani Lisenga concurred with the other lawyers to postpone the case to a yet another date but asked the Court to order Applicants to pay costs at an ordinary scale.
Magistrate Honest Musiyiwa gave a provision to the lawyers to come up with a date after putting their houses in order and also ordered the applicants, who at this point time, because of the conflict of interests were no longer represented, to pay costs at an ordinary scale. Papers filed at the Civil Court by Francis Zimuto against the Respondents are that he wants them evicted from Chiredzi River Conservancy in which he and the other fifteen applicants are beneficiaries.
According to Zimuto’s founding affidavit, respondents concurred to take over the conservancy and transported 150 people to settle in the area which they own. Zimuto claim that Tongaat Hullet fed these villagers so as to stay put on the property in a way to return back the land they had ceded to applicants on January 1, 2012 through the back door.
He also claimed that Lisenga, headman of Chilonga village is alleged to have worked in cahorts with Tongaat Hullets to occupy the land.
Chiredzi river Conservancy, according to the map attached to Applicant’s Affidavits lies North of Ngundu- Tanganda road extending to the east and west of Chiredzi river up to Manjirenji dam. He said he has no geographical knowledge that the Conservancy lies further North of Ngundu-Tanganda road or is it sometimes referred to as Hippo Valley game portion. He also argued the authority of third Respondent to act on behalf of the other Applicants as such move has not been demonstrated. Of the sixteen applicants listed on the Notice of Application, only third Applicant – Francis Zimuto had his Supporting Affidavit attached to Application, while in a dramatic turn of events, two other listed Applicants turned foe and filed opposing papers against applicant. Denford Masiya(first Applicant)and Goliath Kayela (fourteenth Applicant) filed Opposing papers saying they are not part of the court proceedings and have not authorized third respondent to institute legal proceedings against respondents.
In their opposing papers the two wrote and signed respectively ‘ I aver that we were not leased an area called Chiredzi River Conservancy neither are there any illegal settlers on Hippo Valley or Chiredzi Conservancy. I categorically state that i did not give third Applicant authority to bring or institute legal proceedings against both respondents before this Honourable court. I totally disassociate myself from this litigation and i want my name to be withdrawn from the case,” wrote Masiya. Goliath’s statement was verbatim to Masiya’s statement.
Second Respondent, Triangle Limited ,represented by its secretary Geoffrey Moore Richards also filed papers saying Applicants cited a non entity as there is no company in Zimbabwe registered as
Tongaat Hullet. He said the papers were served on Triangle limited but citing Tongaat Hullet. He also wrote that Tongaat Hullet is not registered in Zimbabwe and that Triangle is a subsidiary of Tongaat
Hullet. The two are different legal entities. He argued that Triangle, having been served with papers has acted EX-ABUNDANTI CAUTELA PER ADVENTURE and said the court is being misled that Triangle limited is Tongaat Hullet. He also is praying the court to through away the Application with costs. BY Patrick Chitongo