News / National
Knives out for provincial magistrate
30 Jan 2023 at 07:12hrs | Views
CHINHOYI provincial magistrate Langston Ndokera has been reported to the Judicial Service Commission (JSC) and the Zimbabwe Anti-Corruption Commission (Zacc) for alleged misconduct after reportedly instructing a "friend" to occupy a premise that is under legal dispute.
A Harare businessman, Oren Rukwava — through his company Bromine Solutions, is entangled in a legal dispute with Godfrey Nyabvure, who removed him from his premises despite a lease agreement to occupy the premise for 20 years.
According to a letter seen by NewsDay, addressed to the JSC and Zacc, Rukwava, through his company, has been renting Nyabvure's property since 2018.
"This is a complaint against the provincial magistrate, Mr Ndokera, (Chinhoyi) with regards to the unprofessional and unworthy conduct in which he acted extra judicially in the referenced matter to the detriment of our rights more particularly in that, sometime in November 2018 we entered into a 20-year lease agreement with the landlord, Godfrey Nyabvure, in terms of which we took occupation of stand number 13586 Glasglow Rd Industrial Sites Chinhoyi.
"On October 8, 2021, the said landlord, Nyabvure, approached the magistrates' court at Chinhoyi seeking our eviction and ejectment from the leased premises. The matter is still pending at Chinhoyi Magistrates Court," Rukwava wrote.
He said on December 3 last year, Nyabvure unlawfully denied them access to the leased premises by breaking entrance locks and changing keys to the premises.
"The landlord did not follow any due process of the law. He resorted to self-help," he wrote.
In December, an interim order was granted against Nyabvure, which read: "The Messenger of Court be and is hereby ordered to immediately restore to the applicant (Bromite Solutions) possession of a commercial premise commonly known as Marbles Bar and Butchery located at stand number 13586 Glasglour Road Industrial Sites, Chinhoyi."
It is, however, alleged that on December 21, 2022, Nyabvure through magistrate Chidi Garwe disregarded the order.
Dissatisfied by the court ruling, they filed an appeal against the judgment.
Rukwava said when he asked the Messenger of Court to grant him access to the premises, he was advised that Ndokera had instructed the Messenger of Court to grant access to the premises to a third party, who was not part of the court proceedings.
Rukwava alleged that the Messenger of Court is now working in cahoots with Ndokera to deny him access to the property despite the court order.
"The provincial magistrate took a personal and direct interest in the matter, thereby acting in cahoots with the Messenger of Court and the afore-mentioned third parties to our prejudice. The provincial magistrate's actions are akin to reviewing the decision of his sister magistrate, Honourable Esquire Ms Chido Garwe and flagrantly disregarding and ignoring the appeal process which was set in motion by the noting and filing of the appeal at the High Court, Chinhoyi," the letter further reads.
A Harare businessman, Oren Rukwava — through his company Bromine Solutions, is entangled in a legal dispute with Godfrey Nyabvure, who removed him from his premises despite a lease agreement to occupy the premise for 20 years.
According to a letter seen by NewsDay, addressed to the JSC and Zacc, Rukwava, through his company, has been renting Nyabvure's property since 2018.
"This is a complaint against the provincial magistrate, Mr Ndokera, (Chinhoyi) with regards to the unprofessional and unworthy conduct in which he acted extra judicially in the referenced matter to the detriment of our rights more particularly in that, sometime in November 2018 we entered into a 20-year lease agreement with the landlord, Godfrey Nyabvure, in terms of which we took occupation of stand number 13586 Glasglow Rd Industrial Sites Chinhoyi.
"On October 8, 2021, the said landlord, Nyabvure, approached the magistrates' court at Chinhoyi seeking our eviction and ejectment from the leased premises. The matter is still pending at Chinhoyi Magistrates Court," Rukwava wrote.
He said on December 3 last year, Nyabvure unlawfully denied them access to the leased premises by breaking entrance locks and changing keys to the premises.
"The landlord did not follow any due process of the law. He resorted to self-help," he wrote.
In December, an interim order was granted against Nyabvure, which read: "The Messenger of Court be and is hereby ordered to immediately restore to the applicant (Bromite Solutions) possession of a commercial premise commonly known as Marbles Bar and Butchery located at stand number 13586 Glasglour Road Industrial Sites, Chinhoyi."
It is, however, alleged that on December 21, 2022, Nyabvure through magistrate Chidi Garwe disregarded the order.
Dissatisfied by the court ruling, they filed an appeal against the judgment.
Rukwava said when he asked the Messenger of Court to grant him access to the premises, he was advised that Ndokera had instructed the Messenger of Court to grant access to the premises to a third party, who was not part of the court proceedings.
Rukwava alleged that the Messenger of Court is now working in cahoots with Ndokera to deny him access to the property despite the court order.
"The provincial magistrate took a personal and direct interest in the matter, thereby acting in cahoots with the Messenger of Court and the afore-mentioned third parties to our prejudice. The provincial magistrate's actions are akin to reviewing the decision of his sister magistrate, Honourable Esquire Ms Chido Garwe and flagrantly disregarding and ignoring the appeal process which was set in motion by the noting and filing of the appeal at the High Court, Chinhoyi," the letter further reads.
Source - Newsday Zimbabwe
