News / Local
Mugabe's daughter survives eviction
21 Jul 2022 at 06:45hrs | Views
LATE former President Robert Mugabe's daughter, Bona Mutsahuni Chikore has survived eviction from a Mazowe farm after the High Court ruled in her favour.
Bona and husband Simbarashe Chikore were barred from occupying part of the farm last month after High Court judge Justice Munamato Mutevedzi granted a default judgment in favour of National Tested Seed.
The couple then filed a court challenge through their lawyers Jonathan Samukange and Brighton Pabwe seeking a stay of execution of the judgment.
High Court judge Justice Rodgers Manyangadze ruled in their favour.
"Whereupon after reading documents filed of record and hearing counsel, the application for stay of execution be and is hereby granted," Justice Manyangadze ruled.
"Execution of the default judgment granted in case HC 3720/22 be and is hereby stayed pending determination of the application for rescission of judgement filed in case no HC 4100/22. Costs shall be the cause."
National Tested Seed had approached the High Court claiming ownership of part of Extent of Sigaro Farm in Mazowe measuring 168 hectares.
In his founding affidavit challenging their eviction, Chikore said they did not wilfully ignore the court application against them.
"The default by me and my legal practitioners was not wilful in the circumstances regard being the fact that the notice of set down was served at an address which was not the chosen address of service … the lawyers and I were eagerly waiting for the notice of set down at the chosen address of service, which is 92 Chinamano Avenue, Harare, but only for the notice of set down to be served at the farm in Mazowe," Chikore submitted.
Bona and husband Simbarashe Chikore were barred from occupying part of the farm last month after High Court judge Justice Munamato Mutevedzi granted a default judgment in favour of National Tested Seed.
The couple then filed a court challenge through their lawyers Jonathan Samukange and Brighton Pabwe seeking a stay of execution of the judgment.
High Court judge Justice Rodgers Manyangadze ruled in their favour.
"Whereupon after reading documents filed of record and hearing counsel, the application for stay of execution be and is hereby granted," Justice Manyangadze ruled.
"Execution of the default judgment granted in case HC 3720/22 be and is hereby stayed pending determination of the application for rescission of judgement filed in case no HC 4100/22. Costs shall be the cause."
National Tested Seed had approached the High Court claiming ownership of part of Extent of Sigaro Farm in Mazowe measuring 168 hectares.
In his founding affidavit challenging their eviction, Chikore said they did not wilfully ignore the court application against them.
"The default by me and my legal practitioners was not wilful in the circumstances regard being the fact that the notice of set down was served at an address which was not the chosen address of service … the lawyers and I were eagerly waiting for the notice of set down at the chosen address of service, which is 92 Chinamano Avenue, Harare, but only for the notice of set down to be served at the farm in Mazowe," Chikore submitted.
Source - NewsDay Zimbabwe
