MORE than 400 families at Badminton Farm in Nyamandlovu
whose homes were recently razed by the Sheriff following a court order have
approached the High Court seeking an order nullifying the order.
The villagers under the banner, Badminton Villagers
Association, yesterday filed an application at the Bulawayo High Court citing
Badminton Block Company, its representative Mr Luke Siziba, the officer
commanding police in Matabeleland North, the Sheriff of the High Court as
respondents.
They want an order declaring the eviction null and void,
arguing that Badminton Block Company failed to prove ownership claims to the
disputed piece of land. They said the court order used by Badminton Block
Company to evict them was unlawful and fraudulently acquired.
In his founding affidavit, Mr Tabuno Mleya Dube, who is the
vice chairperson of Badminton Villagers Association, said the land was
allocated to them by Chief Deli who settled them on the farm in 2011.
The villagers alleged Chief Deli claimed the land was under
his jurisdiction and he had powers to settle people.
“The farm does not belong to Badminton Block Company and
they were asked by the court to produce a copy of a document empowering them
but failed. The order used by the
respondents is unlawful and therefore null and void and it should be set aside,” he said.
The villagers were in 2016 served with an eviction order
from the High Court which they defied prompting the Sheriff of the High Court
to execute it with the assistance of police.
The evictions followed an order by Bulawayo High Court
judge Justice Maxwell Takuva directing the villagers to vacate the farm after
Badminton Block Company had filed an application under case number HC938/15.
The villagers claimed they were not served with court
papers, resulting in Badminton Block Company obtaining an eviction order
granted in default.
They said they only became aware of the order when
Badminton Block Company sought to execute it with the assistance of police.
The villagers said they have since made a request to the
Lands ministry to have the farm gazetted in terms of the law.
Badminton Block Company, in its opposing papers through
lawyers Webb, Low and Barry, said the land occupied by the applicants was its
private land held under deed of transfer number 5096/90. The company argued
that Chief Deli had no lawful authority to allocate the land. Chronicle
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