Chief ordered to return teacher's property

A CHIVHU court has ordered Chief Nyoka, born Musafare Matizha, to return household property worth US$700 he seized from a local teacher after she failed to pay a US$250 fine.

The Marondamashanu Primary School teacher, Regina Mandizha was dragged to court, where she was convicted and fined for spraying a poisonous pesticide around her house, resulting in the death of her neighbour, Agnes Mukarati's roadrunner chickens.

After failing to pay the fine, Chief Nyoka seized her refrigerator and other household property.

Mandizha appealed against the chief's ruling at the Chivhu Civil Court, where she cited Mukarati and Chief Nyoka's court messenger as respondents.

"The second respondent shall return the movable properties, being a KIC fridge and a kitchen table with four of its chairs attached to the applicant, within 10 days of service of the court order that shall be issued by the court," reads the court judgment.

"Applicant shall pay the costs incurred by first respondent at the community court in the sum of US$ 110 per the warrant of execution. The first respondent shall have no right to seek these costs or costs of suit again before the community court against the applicant to the extent that the cause of action in issue is concerned."

According to Chief Nyoka's court records seen by NewsDay, Mandizha was tried and convicted in absentia and was ordered to reimburse nine chickens valued at US$144 to Mukarati.

Mandizha had also been ordered to pay an additional US$50 as cost of seizure of property, US$40 fee for appearing before the chief's court and US$20 as reimbursement of appearance fee which was paid by Mukarati.

She had also been ordered to pay a goat as a fine to the chief.

Additionally, Mandizha was ordered to pay a US$1 per day storage fee for the period the property was at the chief's home as of October 2 last year.