GOVERNMENT, through Lands minister Perrance Shiri, has
secured a writ of execution to evict Tetra Heights (PVT) Limited from the Gwaai
Halfway Hotel and Service Station in Hwange in Matabeleland North.
Gwaai Farm, Halfway Hotel and Service Station were owned by
Rob Sterling, who was evicted during the land reform programme.
After Sterling’s eviction, his former employees continued
running the hotel until the government brought in Tetra Heights, which recently
lost a bid to run the hotel and service station.
Shiri recently filed summons against Tetra Heights seeking
eviction of the company and all those who claim occupation of the hotel through
it.
A writ of execution dated October 7 directed to the Sheriff
of Zimbabwe reads: “Wherefore the Minister of Lands, Agriculture and Rural
Resettlement obtained an order in the High Court of Zimbabwe on April 1, 2019
against Tetra Heights Gwaai Halfway in Hwange ordering him and all persons
claiming through him to be ejected from and out of Gwaai Halfway Hotel at
present occupied by the said Tetra Heights as appears on record. Now,
therefore, you are required and directed to eject the said Tetra Heights and
all persons claiming through him, his goods and possession from and out of all
occupation and possession whatsoever of the said ground and/or promises and to
leave the same to the end that the said minister … may peaceably enter into and
possess the same and for so doing this shall be your warrant.”
On April 1 this year, Shiri obtained a default judgment
from Bulawayo High Court judge Justice Martin Makonese to evict Tetra Heights
from the Gwaai Halfway Hotel and Service Station.
However, Tetra Heights remained in occupation of the
premises, prompting Shiri to secure a writ of execution to eject all those
occupying the premises.
In the declaration of the claim, Shiri submitted that the
property in question was formerly owned as one business entity together with
the farm prior to the acquisition of the farm by the State.
“Upon acquisition of the farm, the ministry decided to
exclude the hotel and service station from the remainder of the farm with the
intention of creating a separate business entity which would be leased off to
qualifying tenants who intended to utilise the same for business purposes. The
remainder portion of the farm was left out to a qualified indigenous
beneficiary to continue with the agricultural business,” the declaration reads.
“In an effort to find a suitable tenant for the hotel and
service station, the ministry advertised an invitation to tender for the lease
of both the hotel and service station. Many potential and interested tenants
responded to the tender and placed bids within the prescribed timeframe. The
defendant was part of the bidders for the tender.”
Shiri submitted that after considering all the bids and
carrying out due diligence and investigations, the tender board granted the
lease for the property in dispute to another bidder who is not the defendant.
“Despite having been furnished with the reasons for its
failure to win bid and several demands by the plaintiff to vacate the said
property, the defendant has failed, refused and/or neglected to vacate…” he
submitted, indicating that this has left him with no option, but to seek a
court order. Newsday
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