THE late Vice-President Simon Muzenda’s name has surfaced in court, 21 years after his death as two families are fighting over ownership of a farm in Chivhu.
Muzenda was appointed one of the family’s estate executors when he was still alive.
The late Vice-President was the executor of the estate of Absolom Mugova Danga and his children — Simon, Obert, Nyararai, Tinashe, Nharingo and Muringi — who are the applicants in the court case.
Nyashanu Mudyirapo, who is the executor of Ishamel Mudyirapo's estate, is the respondent.
The applicants have approached the High Court seeking the eviction of Nyashanu from Ranch 1090 Hampshire Estate Wiltshire in Chivhu.
Absolom, who died on 24 June 1992, was the registered owner of the farm while Muzenda was appointed executor of his estate and after due process the farm was transferred to the children.
According to the children, Ishmael and his family occupied the farm as relatives of the applicants.
The court also heard that Ishmael let out part of the farm to third parties without the knowledge of the applicants.
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Efforts to remove him from the farm were in vain and the children
issued summons through the High Court to evict Ishmael under case number HC 2991/04.
Ishmael filed an appearance to defend but he died before the eviction proceedings were finalised. Nyashanu was appointed executor of Ishmael’s estate.
According to applicants, Nyashanu has no defence to the application because the farm is registered in their names and that he did not file objections with the Master of the High Court despite several advertisements in the newspaper for the past 20 years.
They also argued that the respondent’s occupation of the farm was no longer acceptable by the applicants.
However, Nyashanu opposed to the application arguing that the applicants had failed to act on the eviction for the past 18 years, hence their time had lapsed according to the rules of the High Court.
However, the siblings submitted that the delay was caused by the passing on of the late Vice-President and that there was no executor appointed after his death.
They also submitted that the matter was not finalised because Ishmael had died, adding that Nyashanu had a duty to appoint an executor but failed until October 7, 2022.
However, despite the circumstances given for the late appointment of respondent’s executor, the applicants persisted with their application.
High Court judge Justice Neville Wamambo ruled that the applicants made efforts to identify the executor and Nyashanu was only appointed in 2022.
“Clearly, it is the respondent who stalled the movement of this matter. It is certainly not the applicants who were firmly bent on the matter proceeding (sic). I find that the sole point in limine has no merit and is dismissed.
“Applicants are the registered owners of the farm. They have real rights to the farm. A deed of transfer has already been registered in their favour. Although respondent avers that the farm was bought by Ishmael there is no agreement of sale.
“The title deed in favour of applicants has not been challenged. As far back as 2004 respondent was aware that applicants had title to the farm and never challenged same.”
The judge further ruled that the respondent alleged that there was an agreement of sale between applicants’ deceased father and respondent’s deceased father saying some legible documents handwritten in Shona language were produced in court but were translated to English against the court's rule.
