OVER 30 settlers at Umvutcha Farm in Umguza, who were
resettled by the government in 2008 before their occupation was later reversed
through the courts in 2009, have filed for the eviction of the white former
farm owner.
The summons came after the farmer, Alister Michael
Fletcher, had won an eviction order against the settlers which saw some of
their settlements being destroyed.
In their application, the new settlers cited Fletcher and
his son-in-law Troy Robert Maidwell as respondents.
"The plaintiffs' claim is for an order for the
ejectment of the defendants and all those claiming occupation through them from
Lots 1 to 17 Umguza Agricultural Lots of Umvutcha Farm on account of their
failure to vacate gazetted land which was allocated to plaintiffs," read
the summons.
In their declaration of the claim, the settlers said they
were allocated lots number 1 to 17 of Umvutcha agricultural land also known as
Umvutcha Farm by the Lands and Rural Resettlement minister as per the
provisions of section 7 of the Agricultural Lands Resettlement Act.
"The defendants lost rights to possession and
occupation of the premises on date of publication of the gazette and have no
rights of title and occupation over the said lots of land."
Fletcher and Maidwell have since challenged the summons.
They said the summons were bad at law, vague and an embarrassment.
"Plaintiffs' claim is bad at law, vague and
embarrassing in that, plaintiffs seek firstly to enforce a legal nullity and
secondly an action that can only be claimed where upon one is an owner and thus
has real rights vested in that property which they can enforce or has lawful
right yet it is not so with the plaintiffs," read Fletcher and Maidwell's
heads of argument.
The matter is yet to be set down for hearing Newsday
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