Melody had approached the court on an urgent basis as the
sole benefactor of her father’s farm – Subdivision 1 of Earling Farm, Beatrice,
covering approximately 347.80 hectares.
She was seeking a spoliation order against the invasion by
the War Veterans claiming they had unlawfully used up to 30 hectares without
following due process or without a court order.
Peter Pedzisayi, Collin Sigauke and Teresa Tsuro who occupy
Subdivison 2 at the farm are cited as respondents.
“It is ordered that the Pedzisayi, Sigauke, Tsuro and all
those claiming ownership through them be and hereby ordered to restore status
quo ante and vacate subdivision 1 of Earling Farm in Beatrice forthwith or at
least not later than 24 hours,” ruled Justice Owen Tagu.
Justice Tagu also ordered the trio to demolish all illegal
structures at the farm. “Should Pedzisayi, Sigauke, Tsuro and all claiming
through them fail to comply with the above, the Sheriff of the High Court of
Zimbabwe be and is hereby ordered to execute the order forthwith and demolish
all illegal structures in Subdivision 1 of Earling Farm, Beatrice.
“…all those claiming through them are ordered to release
and return the full control and possession of Subdivision 1 of Earling Farm
Beatrice to Melody forthwith,” reads the judgment.
According to Melody, the War Veterans who have no offer
letters invaded her late father’s farm 12 months ago before she had them
evicted by a court order.
However, in breach of the order, the respondents and their
workers allegedly invaded a portion of the Midzis’ farm where they erected pole
and dagga huts.
Melody claims some of her workers were told never to set
foot at least a 100 meters from the besieged portion where boom gates were
erected.
“Melody Midzi’s agricultural activities have been affected
and she lost half of her farm to the respondents.
“This jolted her to file the present application for
spoliation because the respondents’ case in HC 199/21 has not been finalized
and they do not have a court order to occupy her farm,” reads the judge’s
finding.
“What is common cause is that the respondents and all those
that claim occupation through them are not holders of an offer letters.
“If they indeed had them none of them were produced or even
mentioned. What makes their opposition weak is the facts that knowing fully
well that their case in HC 199/21 has not been determined…
“…they took the law into their own hands and invaded Melody
Midzi’s farm,” adds the Justice Tagu. H Metro
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