Commercial Farmers' Union of Zimbabwe

Commercial Farmers' Union of Zimbabwe

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Robert Knott HC5345/07

IN THE HIGH COURT OF ZIMBABWE                                                                  CASE NO. HC 5345/07HELD AT HARARE In the matter between:ROBERT CHARLES KNOTT                                                                                                               APPLICANT and  MINISTER OF STATE RESPONSIBLE FORNATIONAL SECURITY, LANDS, LAND REFORMAND RESETTLEMENT                                                                                            FIRST RESPONDENT and  CHRIS GWEREDZA                                                                                            SECOND RESPONDENT In Chambers at the High Court, HarareBefore the Honourable Mr Justice Hungwe Tuesday 9 October 2007 Mr Masterson of Coghlan, Welsh & Guest for the ApplicantMrs Mwatse of the Attorney General’s Chambers for First RespondentNo appearance by or for the Second Respondent WHEREFORE having perused the papers filed of record and heard the legal representatives present, A final order is issued by consent as follows: 1.         The requirement that the Applicant is to wind up his business, harvest his crops and dispose of his livestock by 30 September 2007 as set out in the Authority of Temporary Extension letter dated 23 July 2007 and served on the Applicant on 20 September 2007 is suspended pending the determination of any prosecution that may be instituted and the issue of any eviction order having final effect arising from such prosecution. 2.         The Applicant is free to continue the family farming operations on the Remaining Extent of Musi until the final outcome of any prosecution that may be instituted. 3.         Pending such outcome the Applicant is free to move all and any of his livestock, personal possessions, farming equipment and materials within, on to and off the above property without hindrance from the First Respondent or any member of his Ministry or from the Second Respondent or any other person claiming to hold an offer letter in respect of the above property or any part thereof.  4.         Neither of the Respondents shall attempt to take occupation of any part of the aforesaid farm or to seize any farming equipment, material or movable assets thereon nor shall First Respondent permit, encourage or authorise any person including the Second Respondent to do so unless and until the Applicant has been subjected to an eviction order having final effect following a successful prosecution for contravening section 3 of the Gazetted Land (Consequential Provisions) Act and the movable assets have been lawfully acquired by the State.  ———————————                                                                                           ——————————–BY THE JUDGE                                                                                                        REGISTRAR   


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