By Mary Taruvinga
A WAR VETERAN has approached the High Court challenging a recent ruling that he must vacate Corncorpia which is owned by exiled former cabinet minister Saviour Kasukuwere.
The former freedom fighter, Efanos Mudzimunyi said the High Court ruling would leave him homeless yet he was issued with a valid offer letter for the farm.
“This an application for stay of execution pending the determination of the rights of parties in case HC1701/20,” said Mudzimunyi.
According to the war veteran, Kasukuwere and his company Seaflower Investments had instructed the Sheriff to remove him from the farm.
“Court papers demonstrate there are now two competing judgments in respect of the same property. Annexure A demonstrates that there is a pending matter in respect of the same property between the first and second (Kasukuwere and Seaflower) and the third respondent (Lands Minister). As such it is imperative that execution be stayed and ejectment be stopped as the judgment in case HC1701/29 may be rendered a brutum fulmen if this is not sat down,” he said.
“The applicant will be left homeless and with no recourse at law as it is also accepted that the first respondent (Kasukuwere) is now a fugitive from justice.”
After his offer letter was withdrawn early this year, Kasukuwere approached the courts seeking eviction of the war veterans and he won the case.
The war veterans included Mudzimunyi, Kudakwashe Moyana, Kenneth Mudzimunyi and Akim Mudzimunyi.
Kasukuwere complained that the war veterans were criminals who were illegally harvesting his crops and disrupting farming activities.
However, the former freedom fighters argue that Kasukuwere had no right to claim the farm because he is a fugitive from justice.