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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