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Beaven Dhliwayo Herald Correspondent

Mt Darwin magistrate Ms Tendai Chifamba has ordered farmer, Benson Kadzinga, to vacate a 32-hectare plot at Chibuli Farm in Mashonaland Central province, which he was reportedly failing to fully utilise.

The ruling brought an end to a three-months feud over the piece of land with another farmer, Witness Jonga.

Ms Chifamba ordered Kadzinga to vacate the piece of land within the next three months after Jonga made an application for an eviction order at the court.

In his application, Jonga claimed that he was the rightful owner of the piece of land, who was also in possession of an offer letter from the Ministry of Lands, Agriculture, Water and Rural Resettlement.

He told the court that he wanted Kadzinga to be evicted, so that he occupies his piece of land.

In his response, Kadzinga argued during the trial that he was not illegally occupying the properties at Plot 6 Chibuli farm, but was bestowed with caretaker’s duties and look after the piece of land.

He argued that Ms Chifamba had no jurisdiction of handling the matter as it was an administrative issue that has to be dealt with by the Ministry of Lands.

In her judgment, Ms Chifamba said Kadzinga failed to show to the court that the concerned land was his property.

She said she had jurisdiction over the matter since it was not dealing with double allocation, which was administrative and needed the Ministry of Lands to handle it.

“It is not an issue of double allocation and the matter is rightfully before the court,” said Ms Chifamba.

She ruled that Kadzinga had not shown legal entitlement to possess, occupy and use the land, and as such, Jonga was entitled to an order for eviction.

“In the result, I make the following order that the defendant and all those claiming occupation through him are hereby evicted from Subdivision 6 of the REM of Chibuli Farm in Mt Darwin in the province of Mashonaland Central measuring 32 hectares,” said Ms Chifamba.

“The defendant is to vacate plot 6 Chibuli within three months from the date of this order. Should the defendant fail or refuse to vacate subdivision 6 of Chibuli Farm within the stated time, the Messenger of Court Mt Darwin is hereby ordered to evict the defendant from subdivision 6 Chibuli Farm.”