Conrad Mwanawashe Senior Court Reporter
CROWHILL Farm (Pvt) Ltd has filed an urgent chamber application for the eviction of Florence Pambukani from its 845 hectares of land in Borrowdale arguing that the High Court had in January confirmed it as the rightful owner of the land she has invaded.
The company said it also went on to vindicate its property in case number HC 7674/14 from Cephas Msipa Jnr and his colleagues who had attempted to defraud it of the land by selling it and giving parts of it away to various third parties.
Mrs Pambukani, in the company of a horde of unknown persons last month unlawfully occupied Crowhill Farm land and began felling trees to erect a fence arguing that she was duly given the land by the Sheriff of the High Court pursuant to a court order that declared her the legitimate property owner.
She alleged that she had been given the land by Cephas Msipa Jnr and produced copies of certified copies of certificates of registered title of the land that she despoiled.
But in papers filed at the High Court yesterday, Crowhill Farm averred that Mr Msipa Jnr, who was alleged to have parcelled out the land to Mrs Pambukani, was not the owner of the land as per order by Justice Bhunu in HC 7674/14.
Crowhill Farm said it withdrew its initial application under HC8077/17 for the eviction of Mrs Pambukani, which had been set down on September 6 before Justice Foroma after the parties had agreed that it was unnecessary to argue the matter on merits because Mr Msipa Jnr had undertaken to give her land on his own development in Crowhill Estate so that she vacates the company’s property.
But there has not been movement since then while Mrs Pambukani has been going about “boasting that she won the court case in HC8077/17 and that she will never leave the land that she has taken”.
As a solution to the saga, Crowhill Farm wants Pambukani or any of her agents and/or employees, or anyone acting on her behalf be ordered to vacate Chirika Extension of Borrowdale Estate measuring 121, 4029 hectares, Lot J of Borrowdale Estate measuring 724, 0475 hectares immediately upon service of the order failing which the Sheriff be directed forthwith to eject her from occupation of the land in question.
It also wants Mrs Pambukani and her agents to be temporarily restrained from re-entering the land at the centre of the row pending conclusion of the court case and the granting of a final order in its favour.
Furthermore, Crowhill Farm wants Mrs Pambukani and her emissaries to be ordered to remove all equipment, materials and/or weapons of any kind on its land, or that the Sheriff be directed to remove the mining equipment, material and/or weapons from the property.
Crowhill Farm managing director Kudzi Sithole said: “The level of deceit and treachery displayed by Mrs Pambukani, coupled with her nefarious threats only serve to exhibit the hooliganism, which we have come to associate with her from the onset of her inauspicious invasion of our land.
“It appears that her stint in prison has not mended her ways and she continues to be a menace to society, most notably ourselves considering the manner in which she has rode roughshod over the basic tenets of justice and human decency.
“Nevertheless, we remain steady in our resolve and we are undeterred in our quest to have her ejected from our land. She is a mischievous outsider and must, therefore, stay out.”