Ex-minister in last ditch to save property

📅 Published: August 19, 2025

📰 Source: zimbabwesituation

Curated by AllZimNews.com

The hearing for the chamber application is scheduled for today. “Take notice that the above application for stay of execution will be heard and determined physically by the High Court of Zimbabwe at Harare before Honourable Mr Justice RF Manyangadze J on Monday, August 18, 2025 at 10am or so soon thereafter as counsel may be heard,” Mutezo stated in the notice of hearing.

Advocate Taona Sibanda is acting for the Des Moines Farms instructed by Brian Majamanda, while Mangwana and Partners retain instructions for Mutezo.

Mutezo said he was making the application on the basis that Des Moines Farms was granted a judgment in its favour by the High Court under case HCH123/22 in terms of which Fernicary Farm t/a Rutendo Farm, his farm, located in Odzi, Makoni district in Manicaland province, was ordered to pay US$455 000 or its equivalent in local currency at the applicable inter-bank rate of the day.

He said in December 2024, the Des Moines Farms caused a writ of execution to be issued by the registrar pursuant to a court order under HCH123/22.

The former minister said the Sheriff was thereafter instructed to proceed to Fernicary Farm to attach property for sale in execution of the court judgment under HCH123/22.

He said the Sheriff went on to attach property at the farm on February 20, 2025, adding that the attached property belonged to government and had been placed in his custody and that the property was listed in a confirmation letter from government, which he attached to the Friday application.

Mutezo argued that he caused interpleader proceedings to be instituted, which was done under case HCH1570/25 and that all pleadings were filed and the case was set down for hearing in July this year before Justice Samuel Deme.

He said the hearing did not proceed on July 17, 2025 and the matter was postponed to July 31, 2025. “On July 23, 2025, the registrar issued a letter to litigants inquiring about their availability on July 30, 2025 for hearing of the matter since the court was no longer able to deal with it on July 31, 2025, due to unforeseen circumstances.

The applicant indicated, through a letter, that the date was not amenable to it and the hearing ought to be pushed into the third term.

Regardless, a notice of hearing was issued to the effect that the hearing of the matter was moved to July 30, 2025,” Mutezo filed in his heads of argument.

He said the case was heard on July 30, 2025 in his absence and a default judgment was granted under case HCH1570/25, adding that he instituted an application for rescission of the default judgment and “the case is pending before this honourable court under case HCH3802/25”.

Mutezo said despite having an application for rescission of judgment, the Sheriff is proceeding with a sale in execution of property for which he has laid a claim against through interpleader proceedings under case HCH1570/25.