News / Local
Tagwirei takes on ZIPRA Ex-Combatants
21 Oct 2022 at 14:37hrs | Views
BUSINESSMAN Mr Kudakwashe Regimond Tagwirei has written a letter to the war veterans under the banner Zimbabwe People's Revolutionary Army (ZIPRA) and its coordinator demanding that they withdrew their joinder application filed in the High Court against four firms over properties they claim to own saying he was wrongfully cited and has no relationship with other parties cited in the relief sought.
Mr Tagwireyi wrote to ZIPRA Liberation War Ex-Combatants Committee and its coordinator Fredrick Moses Mutanda demanding withdrawal of the application and threatened to institute legal action against them in the event that they fail to comply.
ZIPRA is a liberation war military wing of PF ZAPU during the 1970s war against British colonialists.
Through his lawyer Mr Admire Rubaya, Mr Tagwirei said ZIPRA Liberation War Ex-Combatants Committee and its coordinator Mutanda raised certain allegations against him which were not substantiated by any evidence.
Mr Tagwirei said the allegations were aimed at defaming him and tainting his business reputation.
ZIPRA Liberation War Ex-Combatants, Mutanda and Ben Ncube are applicants while Betterbrands Construction (Pvt) Limited, Chaminuka Private Estate, Broadhaven Construction (Pvt) Limited and Environmental Management Authority (EMA) were cited as defendants.
In the joinder application, Mutanda, Ncube and the ZIPRA committee claimed that Mr Tagwirei and businessman Scott Sakupwanya were running some of the properties they are demanding back from Government.
They sought for a court interdict to stop them from running the said properties.
In the letter, Mr Tagwirei refutes any relationship with Betterbrands Construction, Broadhaven Constructuon, Chaminuka Estates and the properties which Mutanda, Ncube and ZIPRA claim he is running.
"We confirm that the referenced court application was referred to us for consideration.
"Having considered the application, we have come to the conclusion that it is a dog's breakfast which must be promptly withdrawn for one or more of the following reasons;
"The application seeks an order against our client when he has not been made a party to the proceedings.
"The application makes bare and unsubstantiated allegations against our client and other cited individuals.
"It suffers from the want of evidence," reads part of the letter.
Mr Rubaya said the cause which Mr Tagwirei and other defendants seeks to be joined to, has nothing to do with them.
"The joinder procedure has been misused and misapplied.
"The application seeks various unrelated reliefs which include a mandamus and a declaration.
" The strange reliefs sought amount to judicial and procedural heresy, as you seek an interim and final interdict concurrently in an application for joinder, which is highly inappropriate.
"Our client has no relations with the cited respondents and it is strange how it has been made part of the proceedings when both the facts and evidence do not make him a part thereof.
"In light of the above, it is self-evident that the application is not for justice rather it is actuated by malice and it is meant to grand-stand and create a false, defamatory and injurious narrative clothed in judicial robes to avoid detection.
"We advise that, at law, both procedurally and substantively, the application lacks the most elementary seriousness and decency with which the most trivial of judicial proceedings ought to be instituted with.
"In view of the above, we are instructed to demand, as we hereby do, that you promptly ‘withdraw' the application failing which our client shall proceed to utilize the remedies available to him at law," he said.
Betterbrands Construction and Chaminuka Private Estate have since issued summons seeking eviction of Broadhaven Construction from extracting gravel from a 1 037. 2377 hectares of piece of land called Chaminuka Estate.
Broadhaven Construction has since filed its notice to defend in the matter in the High Court.
Chaminuka Estates claims in the summons that they hold title deeds to the piece of land.
Mr Tagwireyi wrote to ZIPRA Liberation War Ex-Combatants Committee and its coordinator Fredrick Moses Mutanda demanding withdrawal of the application and threatened to institute legal action against them in the event that they fail to comply.
ZIPRA is a liberation war military wing of PF ZAPU during the 1970s war against British colonialists.
Through his lawyer Mr Admire Rubaya, Mr Tagwirei said ZIPRA Liberation War Ex-Combatants Committee and its coordinator Mutanda raised certain allegations against him which were not substantiated by any evidence.
Mr Tagwirei said the allegations were aimed at defaming him and tainting his business reputation.
ZIPRA Liberation War Ex-Combatants, Mutanda and Ben Ncube are applicants while Betterbrands Construction (Pvt) Limited, Chaminuka Private Estate, Broadhaven Construction (Pvt) Limited and Environmental Management Authority (EMA) were cited as defendants.
In the joinder application, Mutanda, Ncube and the ZIPRA committee claimed that Mr Tagwirei and businessman Scott Sakupwanya were running some of the properties they are demanding back from Government.
They sought for a court interdict to stop them from running the said properties.
In the letter, Mr Tagwirei refutes any relationship with Betterbrands Construction, Broadhaven Constructuon, Chaminuka Estates and the properties which Mutanda, Ncube and ZIPRA claim he is running.
"We confirm that the referenced court application was referred to us for consideration.
"Having considered the application, we have come to the conclusion that it is a dog's breakfast which must be promptly withdrawn for one or more of the following reasons;
"The application seeks an order against our client when he has not been made a party to the proceedings.
"It suffers from the want of evidence," reads part of the letter.
Mr Rubaya said the cause which Mr Tagwirei and other defendants seeks to be joined to, has nothing to do with them.
"The joinder procedure has been misused and misapplied.
"The application seeks various unrelated reliefs which include a mandamus and a declaration.
" The strange reliefs sought amount to judicial and procedural heresy, as you seek an interim and final interdict concurrently in an application for joinder, which is highly inappropriate.
"Our client has no relations with the cited respondents and it is strange how it has been made part of the proceedings when both the facts and evidence do not make him a part thereof.
"In light of the above, it is self-evident that the application is not for justice rather it is actuated by malice and it is meant to grand-stand and create a false, defamatory and injurious narrative clothed in judicial robes to avoid detection.
"We advise that, at law, both procedurally and substantively, the application lacks the most elementary seriousness and decency with which the most trivial of judicial proceedings ought to be instituted with.
"In view of the above, we are instructed to demand, as we hereby do, that you promptly ‘withdraw' the application failing which our client shall proceed to utilize the remedies available to him at law," he said.
Betterbrands Construction and Chaminuka Private Estate have since issued summons seeking eviction of Broadhaven Construction from extracting gravel from a 1 037. 2377 hectares of piece of land called Chaminuka Estate.
Broadhaven Construction has since filed its notice to defend in the matter in the High Court.
Chaminuka Estates claims in the summons that they hold title deeds to the piece of land.
Source - The Herald
