Monday, 12 July 2021

RETURN GOVT VEHICLE : CHIEF TOLD

Chief Chivero Cornelius Chivesani Chengera has been ordered to surrender a Government vehicle which was issued to him in May this year for safe keeping until the leadership wrangle among clan members is finalised.

Chengera and Tendai Chitine are the descendants of the founder of the Chivero clan and have been tussling for the high-point traditional office of substantive Chief Chivero.

Chivero clan has been without a substantive chief since the death of the then Chief Chivero, born Mr Matewu Chipashu in 2009 until appointment by President Mnangagwa of Chengera in May last year.

This decision was challenged at the High Court by Chitinhe, who is also eyeing the chieftaincy culminating in an interim order barring Chengera from assuming the duties for the Chivero chieftaincy.

However, in May, the Ministry of Local Government, Public Works and National Housing allocated Chengera a brand new Isuzu, twin cab vehicle to use in his jurisdiction.

This spawned yet another lawsuit with Chitinhe approaching the court for an order compelling Chengera to stop executing the chieftaincy duties and return to Local Government the vehicle allocated to him until the matter was finalised.

Justice Benjamin Chikowero granted the application after finding a well-founded fear of lasting injury on the part of Chitinhe if Chengera retained the vehicle.

He said if Chengera was allowed to hold on to the vehicle, it would be exposed to wear and tear as well as the risk of accident–damage. The substantive Chief Chivero is entitled to a brand new Isuzu, twin cab, not a second hand vehicle.

“While the wheels of justice are turning, it is prejudicial to the applicant that this vehicle be used,” said Justice Chikowero.

“I am satisfied that there is no ordinary remedy that could secure the vehicle as well as preserve the integrity of the proceedings, pending the return date, than an order requiring the fourth respondent to repossess the vehicle.”

In deciding the matter, the court also weighed the prejudice to Chitinhe if the interim relief is withheld against that Chengera if it is granted.

Chengera’s appointment is the subject matter of pending litigation and will get the vehicle should he succeed in getting the order discharged on the return date and if Chitinhe loses his bid to have the appointment set aside. Herald

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