HB 036-18 PAOLA CARLOTTA LEVENDALE and Anor versus ERASMUS NDLOVU and Ors

PAOLA CARLOTTA LEVENDALE

and

JAMES ALASTAIR LEVENDALE

versus

ERASMUS NDLOVU

and

DUMISANI NDLOVU

and

NDUMISO PHANGWANA

and

EDMOND D. MOYO

and

MR DUBE

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 13 FEBRUARY 2018 AND 22 FEBRUARY 2018

 

 

Civil Trial

 

P Madzivire for the plaintiff

L Nkomo for the 1st defendant

2nd, 3rd, 4th & 5th defendant in default

 

 

MATHONSI J:          The two plaintiffs are husband and wife and indigenous Zimbabweans who jointly own a farm in Ntabazinduna Matabeleland North generally known as Goodview Farm being subdivisions A and B of Subdivision C of Maxim Hill (hereinafter referred to as “the farm”.)  They hold title to the said farm by Deed of Transfer Number 2450/86.  At the time that the government of Zimbabwe embarked on the fast track land reform programme, commencing in year 2000, a programme in which the government seized farm land owned and occupied by white commercial farmers for purposes of redistribution among the landless indigenous citizens of this country, the farm was not gazette for resettlement of the landless.  This was clearly in recognition of the fact that the farm was indigenously owned.  It has never been gazetted up to now.

The plaintiffs have brought a vindicatory action against the five defendants seeking an order for their eviction, together with all those claiming occupation through them, from the farm 

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