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High Court halts Umguza evictions
5 hrs ago |
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The High Court of Zimbabwe in Bulawayo has ordered a halt to the eviction of more than 60 long-settled occupants in Umguza, Matebeleland North, pending the determination of a rescission application challenging an earlier judgment.
In a ruling on an urgent chamber application, Justice Mphokiseng Dube found that proceeding with the eviction before hearing the rescission matter would cause irreparable harm to the applicants, who have reportedly lived on the land for over two decades.
The applicants, led by Martin Matiwaza and 63 others, argued that enforcing the eviction order would render them homeless and expose them to severe and irreversible prejudice. They were represented by lawyers Blessed Mupatsi and Bruce Masamvu, while the respondent, Kalimba Investments (Pvt) Ltd — trading as Balu Pecan and Livestock Company — was represented by Josphat Tshuma.
Other respondents cited in the matter include the Sheriff of the High Court, the officer commanding Lupane District Police and the Lands minister.
The affected villagers reside in Makwati village, Seabourough area in Umguza.
Justice Dube noted that eviction would not only displace families but could also lead to the demolition of homes and loss of property — damages that could not be adequately compensated.
"The apparent long-term occupation of the land has created a legitimate expectation among the occupants that their stay is lawful, at least until formally challenged," he said.
The court also stressed that procedural shortcomings by legal counsel should not be visited upon the litigants, adding that justice must not be undermined by technicalities, particularly in cases involving fundamental rights such as access to housing.
Citing legal precedent, the judge emphasised that minor procedural defects should not obstruct the fair determination of cases where no substantial prejudice is caused to the opposing party.
Justice Dube further warned that forcing the applicants to pursue litigation while homeless would undermine their ability to defend themselves, violating principles of fairness and access to justice.
"Accordingly, the court dismisses preliminary objections to urgency and grants a provisional order staying execution of the eviction," he ruled.
The matter, filed under case number HCBC 516/26 and heard on April 17, will now proceed to a rescission application, where the legality of the occupation and the circumstances surrounding the default judgment will be fully examined.
The ruling has drawn attention due to its broader implications for land disputes in rural Zimbabwe, particularly in cases where long-term occupation has shaped expectations of continued settlement.
In a ruling on an urgent chamber application, Justice Mphokiseng Dube found that proceeding with the eviction before hearing the rescission matter would cause irreparable harm to the applicants, who have reportedly lived on the land for over two decades.
The applicants, led by Martin Matiwaza and 63 others, argued that enforcing the eviction order would render them homeless and expose them to severe and irreversible prejudice. They were represented by lawyers Blessed Mupatsi and Bruce Masamvu, while the respondent, Kalimba Investments (Pvt) Ltd — trading as Balu Pecan and Livestock Company — was represented by Josphat Tshuma.
Other respondents cited in the matter include the Sheriff of the High Court, the officer commanding Lupane District Police and the Lands minister.
The affected villagers reside in Makwati village, Seabourough area in Umguza.
Justice Dube noted that eviction would not only displace families but could also lead to the demolition of homes and loss of property — damages that could not be adequately compensated.
"The apparent long-term occupation of the land has created a legitimate expectation among the occupants that their stay is lawful, at least until formally challenged," he said.
The court also stressed that procedural shortcomings by legal counsel should not be visited upon the litigants, adding that justice must not be undermined by technicalities, particularly in cases involving fundamental rights such as access to housing.
Citing legal precedent, the judge emphasised that minor procedural defects should not obstruct the fair determination of cases where no substantial prejudice is caused to the opposing party.
Justice Dube further warned that forcing the applicants to pursue litigation while homeless would undermine their ability to defend themselves, violating principles of fairness and access to justice.
"Accordingly, the court dismisses preliminary objections to urgency and grants a provisional order staying execution of the eviction," he ruled.
The matter, filed under case number HCBC 516/26 and heard on April 17, will now proceed to a rescission application, where the legality of the occupation and the circumstances surrounding the default judgment will be fully examined.
The ruling has drawn attention due to its broader implications for land disputes in rural Zimbabwe, particularly in cases where long-term occupation has shaped expectations of continued settlement.
Source - Southern Eye
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