Chipinge Times Reporter
CHIPINGE – Kennedy Magariswana, a director in the Office of the President and Cabinet has dragged James Mbiro, a macadamia nuts farmer to court over a piece of land in Mount Selinda, Chipinge.
Magariswana who is also a former director in the office of Minister of State for Manicaland wants Mbiro evicted from plot number 4, Subdivision 1, Stilfontein of Umzila
Alfred Chinembiri presided over the case.
Magariswana who is using Legal Aid Directorate says in his eviction papers that the farm in question belongs to him.
“Your worship I applied for land in 2018 and I was offered the farm in question through an offer letter in November 2019.
“Therefore I’m seeking eviction of Mbiro and all those claiming occupation through him from my plot within 7 days from the granting of this order. I was surprised when I paid a visit to my lawful property and saw a hut being constructed on my piece of land.
“When I asked what was going on, the respondent shouted and threatened me. He said he was legally allocated that same piece of land and that I was not going to use that piece of land whatsoever,” said Magariswana.
However, Mbiro through his attorneys Tariro Tazvitya of Bere Brothers said the land in question which was measuring 120 hectares was identified by Mbiro and he advised the District Lands Identification Committee.
“The District Lands Identification Committee then recommended James Mbiro, Nelson Lore, Elliot Khumbula and Edgars Seenza to occupy the land pending the finalisation of their offer letter by the Minister and we were surprised to see Magariswana alleging that he was the owner of the 40 hectares recommended to Mbiro,” said Tazvitya.
The matter did not proceed as the lands officer who signed the recommendation letter was transferred to Chimanimani district.
Chipinge Times however, is in position of a letter written by then District Lands Officer, Onai Sithole which recommended the subdivisions of the farm following ownership wrangle.
“The District Lands Identification Committee has recommended the re-planning of Stilfontein farm measuring 120 ha. The area will be subdivided into 30ha plots which will benefit four people including Mbiro. The Ministry’s position is that Mugarisanwa cannot evict anyone from the farm,” reads part of the letter
The matter was remanded to March 25 to allow Sithole time to testify.https://chipingetimes.co.zw