ZANU-PF legislator and businessman Philip Chiyangwa has approached the Supreme Court appealing against a High Court decision barring him from evicting 20 farmers occupying his Old Citrus Farm in Chinhoyi.
On November 9, High Court judge Justice Benjamin Chikowero issued an order barring Chiyangwa from evicting the farmers, whom he accused of illegally invading the land.
In a bid to remove the farmers, Chiyangwa is alleged to have ordered the demolition and burning down of their structures.
Chiyangwa, together with Tafadzwa Kwaramba and Tommy Mwanza, are seeking to have the decision barring him from ejecting the farmers set aside.
The trio believe the High Court erred by granting an interdict banning them from evicting the occupants.
In their grounds of appeal, Chiyangwa, Kwaramba and Mwanza argue that “the court a quo misdirected itself on the question of law by granting an interdict when the requirements of an interdict are not met”.
“The court a quo misdirected itself by granting an interim order which was final in substance and in effect.
“The court a quo erred at law by granting respondents unestablished occupation rights at Old Citrus Farm, Chinhoyi,” read Chiyangwa’s court papers before the Supreme Court.
The farmers approached the court alleging Chiyangwa had caused the destruction of their structures and eviction without a court order.
Justice Chikowero granted an interim order to preserve the status quo.
“The first respondent (Chiyangwa) shall forthwith stop the burning and demolition of applicants’ structures at Old Citrus Farm, Chinhoyi.
“The respondents shall not unlawfully evict the applicants from their homesteads situate at Old Citrus Farm, Chinhoyi.
“The respondents shall not unlawfully interfere with applicants’ occupation of their homesteads situate at Old Citrus Farm, Chinhoyi,” Chikowero ruled. ■