His last ditch
effort to stop the auctioning of the farm equipment was thwarted by the High
Court last week after judge Justice Samuel Deme dismissed the former minister’s
interpleader that sought to demonstrate that the attached property was owned by
the government.
Mutezo was sued
by his former partner Des Moines Farm who were demanding US$750000 (or its
equivalent in Zimbabwean currency at the interbank rate) for farm improvements
made by Des Moines.
The claim also
included 5% annual interest from the summons date until full payment, plus
legal costs on an attorneyclient scale.
After a trial
presided over by High Court Justice Bongani Ndhlovu, Fernicary Farm was ordered
to pay US$455 000 as compensation for the improvements, along with legal costs.
Subsequently,
the sheriff attached movable property at Fernicary Farm in Odzi, Makoni
District.
The property
includes 1x John Deere tractor 4x4 (Green), 1x John Deere combine harvester
with wheat and maize heads, 1x power transformer (500kVA), 78x mainline PVC
pipes (250mm), 1x 110 HP Electric motor, 1x 90HP pump, 1x Kipor industrial
generator (24kVA), 1x Atlas Copco air compressor, 1x PTO welding machine, 1x
welding machine, 7x heifers, 6x cows, 1x bull, 4x calves (3 female, 1 male).
Mutezo argued
in his affidavit that six of the attached items do not belong to Fernicary
Farm, but were government property issued under the 2007-2008 farm
mechanization programme by then Agriculture minister Joseph Made.
These include
John Deere combine harvester, 500kVA power transformer, 78x mainline PVC pipes,
24kVA Kipor industrial generator, 90HP Pump and 110 HP electric motor.
He asserted
that these assets were distributed to assist local farmers and remain state
property and immune from attachment in private debt disputes.
Mutezo urged
the court to take judicial notice of this fact, stating he had managed the
equipment since 2007, even facilitating use by neighbouring farmers.
Des Moines Farm
rejected Mutezo’s claims, arguing that the attached property belonged to
Fernicary Farm, not the government.
They dismissed
his assertions as "a grave misrepresentation.”
"Claimant
was expelled from the ruling Zanu PF party on allegation of misconduct and was
consequently expelled from the Parliament of Zimbabwe sometime In 2016 thereby
relinquishing him to lay any claim or title to property belonging to the
government of Zimbabwe,” the court papers read.
“Claimant is no
longer a government official…he is a founding member of an opposition Party
called Zimbabwe People First (ZimPF), which has no association whatsoever with
the government of Zimbabwe...”
Des Moines
further criticised Mutezo for failing to provide evidence of government
ownership or joining the state as a party to the suit, calling his attempt to
involve the government in his private debts "unacceptable and
regrettable."
"Claimant's
efforts to involve the government of Zimbabwe in this dispute does not help him
in any way,” the court papers read.
“No evidence
has been placed showing ownership by the government and no reasonable
conclusion can be made in that regard.
“For good
measure, claimant has failed to join the government of Zimbabwe to this claim
and lawsuit.
“l aver that
his efforts to meddle the government of Zimbabwe in his own debts and personal
affairs is unacceptable, regrettable and deserves censure.”
Mutezo,
representing Fernicary Farm, was cited alongside Des Moines Farm, the judgment
creditor in the case.
Advocate Taona
Sibanda, who was instructed by lawyer Brian Majamanda, represented Des Moines
while Mangwana and Partners acted for Mutezo. Standard
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