BY KENNETH NYANGANI
A HIGH Court judge has dismissed former Information minister Christopher Mushohwe’s urgent application where he sought to regain control of Beverly Hills Estate, formerly Kondozi Farm.
Mushohwe filed an urgent High Court application on December 15 before High Court judge Justice Rodgers Manyangadze against Philemon Matibe who has reportedly revitalised Beverly Hills Estate.
Manyangadze ruled that the matter was not urgent.
The applicant in the matter is Beverly Hills Estate (Pvt) Limited and the respondent is Mbedzi Holdings (Pvt) Limited. Mutare lawyer Brian Majamanda, who represents Matibe, told NewsDay yesterday that Mushohwe and his client signed a memorandum of understanding (MoU) a few years ago for the latter to run operations at the farm.
“My client (Matibe), who has been in the United States for the last 20 years came back to invest in Zimbabwe and in farming projects in particular,” he said.
“The MoU, which they signed, was going to be a precursor to a joint venture agreement. In other words, after the expiration of the MoU, the joint venture was going to kick in. This is why my client entered into an MoU with Mushohwe.”
In court papers, Mushowe claimed that the MoU had expired.
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“The applicant is the lawful holder and beneficiary of the farm in dispute by virtue of the offer letter of the Lands, Agriculture and Water, Climate, Fisheries and Rural Resettlement ministry. The respondent, in fact, entered into a MoU with applicant in a bid to benefit from rights which the applicant had over the property,” Mushohwe said in an urgent court application.
“The same (MoU) has expired and hence the respondent has no right to claim whatsoever from the farm.”
But the respondent accused Mushowe of being jealous of the improvements and agricultural production on the farm.
“The former minister filed an urgent High Court application for an interdict against a productive farmer after the farm has been revitalised and now productive, the farm now Beverly Hills Estate formerly known as Kondozi has a new look,” said Majamanda in his opposing affidavit.
“My client (Mbedzi Holdings) paid all of Mushohwe’s debts, including but not limited to those of Zimbabwe National Water Authority, Zimbabwe Electricity Supply Authority, among others.”
Matibe has reportedly improved the road networks and infrastructure at the farm.
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