A MAGISTRATE has ruled that Citizens’ Coalition for Change (CCC) led by Nelson Chamisa is in illegal occupation of a Chinhoyi property and should vacate to pave way for the Movement for Democratic Change (MDC) to takeover.
Chinhoyi Magistrate, Lisa Mutendereki, granted the final order Friday following a spoilation application by MDC led by Douglas Mwonzora, who was also acting as party’s lawyer during court proceedings.
In an interview with NewZimbabwe.com after the Friday hearing, Mwonzora expressed satisfaction over the ruling, and affirmed confidence in the judicial system.
“MDC sought to deal with two parties, that is CCC and Justin Munyaradzi. The political party occupied the property in Chinhoyi and court ruled that they should vacate the property,” said Mwonzora.
“In other words, our application was allowed regarding CCC. Regarding the employee, Mr Justin Munyaradzi who is there (at the property), the court will make a ruling. We are going to file further submissions.
“We are very happy about the way proceedings have gone, the CCC are going to be out of our office. We are now going to have to deal with one person.”
CCC lawyer, Agency Gumbo said there was need to separate CCC and Munyaradzi.
He said his client was resisting attempts by Mwonzora to evict him from the disputed property through spoilation proceedings.
“What Mwonzora and MDC sought was to entangle CCC in their bid to evict people who are rightfully and lawfully at the said property,” said Gumbo.
“We said you can’t seek to evict people using spoilation proceedings… what is clear is Mwonzora is trying to seek, through the back door, an eviction order of people who reside at the property, and that is what we have resisted and said is not competent at law.”
In his submissions, Mwonzora told court that MDC acquired the property in 2011 and took lawful and undisturbed occupation in the same year and has never, at any given time, stopped occupying the facility.
The MDC president argued that Munyaradzi would have the court think that applicant at some time left the premises, but he had nothing from anyone authorising him to stay at the property.
Mwonzora asked rhetorically, “ln 2018, applicant used offices from where it launched elections campaign, so at what juncture did MDC leave the premises?”
CCC wants to use Munyaradzi to have access to the building, the MDC leader further averred.
“Munyaradzi doesn’t deny he is a member of 1st (CCC) respondent. It is now common cause that CCC wrongfully and unlawfully occupied the property.,” argued Mwonzora.
“This court has given judgement against CCC, but he wants to hang on to the property so that 1st respondent can use the premises.
“Munyaradzi accepted service on behalf of CCC confirming he is its agent. He argues he is holding on to property on instructions of a company called Lafolic Enterprises, but without proof of a lease agreement or contract of employment.
“He argues that he is a caretaker and employee of Lafolic Enterprises. An employee cannot exercise right of possession on behalf of the employer,” said Mwonzora.
The feuding parties are expected to file further submissions Monday while ruling is set for November 30.