INGWERATI FARM 2ND JAMBANJA
INGWERATI FARM 2ND JAMBANJA HIGH COURT ORDER 5075/08 24/08/2008
15/7/2009 Charles Nyachowa, ID 70/067/169Q, of 29 Manyonga Drive,
Glen Lorne (011-402 150) arrived with three people. Lands Officer Tigere, Ministry of Lands, Chinhoyi. Told Moses, our Farm Manager, that they were going to come back with Offer letter.
18/07/2009 Charles Nyachowa plus five people parked outside near
ramp, crept through fence, walked around houses.
19/07/2009 Charles Nyachowa plus two people parked outside near
ramp, crept through fence, walked around. High Court Order says he is forbidden on Ingwerati Farm, Case Number HC 5075/08 24/08/2008.
20/07/2009 Phoned Sheriff Gate (0912-295 144) who evicted Charles
Nyachowa on 12/9/2008. He took me to ZRP Norton. We saw Insp Ndebele
0912-735 980 and Sgt Tarangarawa who was at eviction. He advised me to come the next day and report to the Member In Charge, Mhandy (0912-749 427), who I had smsed and told that Nyachowa was on the Farm.
21/07/2009 9am Chief Insp Mhandy called Sgt Chirinda (0912-918 546)
who went through all CR and phoned Lands Officer Chinhoyi, Tigere Ministry of Lands Chinhoyi 067-21763 (0912-585 660).
29/08/2008 Gazetted Ingwerati Spitzop 12+14 108B-2008 Hec 348-68
Hec. Last offer letter 28/08/2008. Whole Ingwerati 351.00 hec. He
said he had not left offer letter, only spoken to Manager Moses. He said we are to vacate by 31/08/2009.
21/07/2009 Sgt Chirinda and Chief Insp Mhandy advised me to go to
the DA in Murombedzi. DA L M Bakare Room 41. He phoned Lands Officer Tigere. He spoke to Lands Officer Chikomba. We went to Chinhoyi as advised but he had a meeting with Governor Chidarikire at 3pm and wanted us to wait until 4.30 to see him which we could not do as that was too late for the two hour drive home. Sent him an sms (0912-585 660) to cancel and phoned his Secretary, Daphne 067-21763.
22/07/2009 Reported back to Sheriff Gate. He took me to Public
Prosecutor Munyoro 062-2579 (0912-911 134) to find out the verdict of the court cases.
CR18/10/08 This case was CR37/08/08. Gilbert Pengo Charles Nyachowa
threatened to kill him with a gun at his head if he stopped him from breaking into my house with a locksmith which he did on 04/08/2008 and stayed in the house until 12/09/2008 with ten guards. Court date 25/03/2009.
CR128/08/08 Breaking and entering and abuse of my personal household
possessions, theft to the value of $1850. Court cases 12/12/2008, 16/02/2008, 24/03/2009 and 17/04/2009.
CR145/8/08 Assault of Kennith Vaughan Sherriffs. Charles Nyachowa
paid Admission of Guilt fine at ZRP Norton.
22/07/2009 Public Prosecutor Munyoro and Deputy Sheriff came and
looked at abuse to stove and microwave. The staff, who have the beds and mattresses, said that were disgusting and they washed and cleaned them and are using. I was told to go and see Insp Ndebele with the list of malicious damage to my property after the Public Prosecutor phoned him.
CR39/9/08 Paul Nyachowa, brother of Charles, whom he works for and
was in my house with the guards, drove into our truck twice, hitting it with Charles Nyachowa's green tractor twice, which has not been repaired. This case has now been transferred from ZRP Norton to Marimba 08/09/2008, reference number 219/10/08. Quote US $1,575. 2/12/2008 Inv 6884.
23/07/2009 4:30pm Charles Nyachowa and two vehicles with 8 men took
hacksaws and cut the lock to the main gate. This is the fifth lock he has cut to enter the Farm (Ingwerati). At the main house, has broken into the security gates at the front of the main house. Phoned ZRP Norton, Sgt Chirinda 0912-918 546, Insp Ndebele 0912-735 980, Sgt Tarangarawa 023-265 208 and Sheriff Gate 0912-295 144. The Guard Rhamosi was told by Charles Nyachowa that he will kill him if he closes the gate.
23/07/2009 Charles Nyachowa stole ½ tonne of gum wood from the
Manager's house and took it to the main house. His vehicle number, a green Nissan AAO 1706.
24/07/2009 We went with the Sheriff and Officers Nzombo and Chirinda
to Ingwerati. Nyachowa and his brother Paul were looking at the borehole opposite the manager's house. The Sheriff advised him that he was going to issue him with CIV29A Notice of Removal. Nyachowa went bezerk and said that all high court orders only last 90 days and that the State owns the land and he has been given Ingwerati. The Sheriff said the High Court ruling was valid until it is revoked by the High Court with a new offer letter. The offer letter dated 2/08/2008 that Nyachowa gave the two policeman, the Sheriff said was the same one that was thrown out in the High Court as false. The policemen said that they thought the Sheriff was wrong and Nyachowa's letter was valid. Charles Nyachowa shouted and screamed and said that he is going to get Bob and he is going to get 20% of Boheke and threatened the Sheriff. He pointed at myself and said he knew where I lived at Northfields.
The Dispol, Chief Superindent Makunike said the policeman had made a mistake and the Sheriff was correct. We then obtained a Bond of Indemnity (CIV41A) from Coghlan Welsh & Guest to allow the Messenger of the Court to act on our behalf.
At 4.30, the Sheriff went back to Ingwerati with the CIV29A Notice of Removal and issued it to Nyachowa who said there would be war and he would be killed if he came on Monday. The Sheriff had three people as witnesses who heard these threats.
25/07/2009 Charles Nyachowa took another ½ tonne of gum wood from
the Manager's house which he was seen leaving the farm with.
25/07/2009 Charles Nyachowa cut the electric boundary fence with the
assistance of three of his men to make a new entrance to the main house to avoid going past the guards.
26/07/2009 Charles Nyachowa maintained his presence on the farm with
other visitors on and off throughout the day.
27/07/2009 The Sheriff sent me to the Norton Police to pick up five
details to go with him for protection during the eviction. The Member In Charge, Mhandy 0912-749 427, called Nzombo and Chirinda, and they agreed that they would not give the Sheriff back-up. The ZRP told me that Mr Nyachowa had gone to see the Secretary of Justice, Mr Mangota.
The Dispol Inspector, Makunike 0912-840 653 and 0913-426 074, told them that this was not correct but could not get them to comply with their duties.
The Sheriff came to town and went to the Police Headquarters and they assured him that he would get back-up, however, when he returned the backup was not forthcoming. The Sheriff has his truck with ten officials to help him with the eviction. He then proceeded in his car to Ingwerati and told Paul Nyachowa, who was in the main house, that he would be back on Tuesday to evict him.
28/07/2009 The Sheriff returned to Mhandy, ZRP Norton and was
refused the police details to back him as they said they have a docket for us for over staying at the farm. The Sheriff was waiting for the Master of the High Court to issue a directive to the police to assist.
This morning, our Dairy Manager, Moses, contacted us to say that Charles Nyachowa had gone into the Dairy and told him he was to stop milking and move the cows on Wednesday and also that he was going to be welding the gate so that we would not have entry and that his men would be running the farm. He broke the padlock into the pack shed and replaced it with his own.
28/07/2009 The herd of 89 pedigree Holstein cattle cannot just be
moved as there is silage for four months and they are fed two and half
tons twice a day with our maize crop that was 10 tons. Three quarters
of this farm is hill and cannot carry many cattle. Charles Nyachowe told Moses that he would be bringing his cattle on Sunday 2nd August.
29/07/2009 Cows milked. Charles Nyachowe demanded keys for the
pivot from Moses. No rye grass pasture planted, no cabbages, potatoes or onions due to his threats. Went to David Dhumbura who was going to get an Emergency Contempt of Court against ZRP Norton and Charles Nyachowe.
The Sheriff got no reply from the High Court Magistrate.
Mrs Charle, who always got a donation to feed the children from Ingwerati, went to Moses for a donation. She was shocked that the Farm was being seized and advised us to go to see Madziwo 023-725 462 and Cheivutenda (0913-491 242), 314 Sheptra House, 3rd Floor, 94 Cameron Street. Made an appointment for 4pm that I was unable to keep. ZIMARATT (Zimbabwe Mining Agricultural & Residential & Tourism Trust). (We are going to give a male calf which she will collect later).
30/07/2009 Went to CFU Mike Clarke who suggested we go to Jomek
Thabani Mpofu 0912-288 027, 12 Bath Road. He was going to check Offer Letters. Phoned 8am to bring Sheriff. Sheriff Gate and Thabani Mpofu went straight to the top of PGHQ. We were told to go back to ZRP Norton to get assistance and back up. ZRP Norton said they would not provide backup. Member in Charge not there and Dispol too busy. The Sheriff left a letter stating Eviction 11am, Friday 31st.
(CFU - Mike Clarke firstname.lastname@example.org / 04-2917806).
30/07/2009 Cows milked. Charles Nyachowe told Moses to stop milking
as he is bringing his cattle to the Farm on Sunday.
The Sheriff dropped his papers at the Magistrate's High Court.
CFU suggested going to ZNSPCA which is the best thing we did.
ZNSPCA - Glynis Vaughan, Chief Inspector
ZNSPCA - George Mafundu.
Ingwerati 5pm. Went to main house with Moses. They were told the Cattle have nothing to with the land question and if they do anything to these animals, ie, stop feeding or milking, they will be arrested. The ZNSPCA representative indicated that the cattle were too thin. No rye grass planted for cattle due to Charles Nyachowe interference. Paul Nyachowe living in main house with Guards to tell his brother Charles. ZNSPCA to get a report twice a day to see if the livestock are being fed and milked. ZNSPCA wonderful - 100% back up and strength. Moses much happier with their backing. Report is made twice a day that dairy cows fed and milked. Went to Ingwerati and filled tractor with diesel. The Sheriff went back to ZRP Norton after his auction. Was refused assistance to evict Nyachowe. Nyachowe had not slept at the farm that night but left his men in the house and brother Paul. The Sheriff was told that they will only go if our lawyer filed Contempt of Court papers. We were told by Thabani Mpofu to contact Chinhoyi Assistant Commissioner, Nyakutsikwa 067-29009. Still no reaction from ZRP Norton.
David Dhumbura had been to High Court to get contempt but Mr Alex Masterson told him to wait until his return.
2/8/2009 Milked cows and sent milk to Nestle. Mr Madziwo, 314,
3rd Floor Shepton House, 94 Cameron Street met me at OK Marimba with Moses and Nomore. Told me his Association ZIMARTT (Zimbabwe Mining Agricultural and Residential & Tourism Trust) helped Analinda Dairy Farms. He said to come to the office and see his superior Chirivutenda at 2pm on Monday 3rd August 2009. Amalinda advised us to wait for Bob's return.
Susan Hawthorne, sister of Jan Stuart, phoned me and told me that Dave and Jan Stuart received report on Jagg in Australia. (Don Stuart murdered on 26 November 2005 and confirm Charles Nyachowe was the person who was terrorizing the whole family at the time of Don Stuart's murder. The staff who worked on Ingwerati with Don Stuart keep telling me this is the main who kept coming to the Farm and giving Don and son Dave a very hard time).
3/8/2009 CFU asked me to contact Lovemore Chidemge (0912-382
852), JOMIC (Joint Monitoring and Implementation Committee comprising ZANU PF, MCD-T, MDC), 134 King George Avenue. They want to go to Ingwerati to see the invasion and will follow us in their car. From there they will see Ken Bartholomew at Selous. We agreed to meet at 8am on the 6th of August.
4/8/2009 Went and collected PP Manyoro at Katama. Went to
courtroom, gave him four empty files. He went through the case for the 5th, it was a balls up, we had to go to ZRP, got Constable Mabwe (0913-655298), to re-do the docket for court and add on my Malicious Damage claim, the previous one being for the locks. The PP said he must come back with us to HQ and he looked at the stove, microwave, kettle, pillows, curtains, knife, dish and six mattresses given to staff. I gave him three copies of the list of items stolen.
5/8/2009 Attended court case re Malice Damages and theft. Mark
from JAG accompanied me. Nyachowe said it was all lies and wanted a lawyer. Remanded to 19th of August.
6/8/2009 Took copies of relevant papers for JOMIC, they said
there are no invasions. They came with us to the farm and looked at the dairy. They went to the main house and told them that Nyachowe has to come and see them at JOMIC. We went to HQ and we brought the Sheriff and they all talked. The PP arrived and showed me how I must do my papers and that he had heard that Nyachowe had had things attached in town because he hadn't paid.
8/8/2009 I got a phone call and told they wanted to get into the
yard next to the Manager's house and wanted to put a Maputi mill and a grinding mill in the shed there and connect it to our ZESA. They cut the fence at the back of the house and walked all around and left about 9/10 am.
12/8/2009 Went to ZRP to report theft and malicious damage to
Deputy Inspector Ndebele and they wouldn't accept my report, they wanted it from the eye witnesses. Constables Nyandoro and Kuseri went in the truck with Peter Driver and interviewed relevant witnesses and Nyachowe and his men admitted to theft of wood and damage to fencing and locks. They went back to police station in their vehicle. I went to PP Manyoro and gave him the analysis of the items stolen.
14/8/2009 Moyra was advised that the farm was gazetted on
29.8.2008 and the onus was on us to have read it. That gave 45 days to wind up and 45 days to vacate the farm. Tegere has said we have until the 31st of August. We can take the dairy herd but not the machinery.
Apparently ZTV carried a story that Nyachowe was going to be growing cabbages for export on the farm. Moyra to appear in court on Monday 17th August and again on the 19th. The PP advised Moyra that Paul Nyachowe has now said that it was accidental and not on purpose that he damaged the truck
15/8/09 300m electric boundary fence stolen. Ingwerati
watchmen threatened not to patrol by Nyachowe's men.
16/8/09 Theft of 600m electric boundary fence (RRB number
0636486, Constable Gumbo). Breaking & entering of dam pivot transformer house and theft of MCB switches and V-380 electric motor serial number
DA90006 (15-20 HP / 32.7 amps) - RRB No. 0636487 .Investigating officers cst Gumbo & cst Damba attended the scene to witness the electric motor of the the management company that was on lease hire in the accussed vehicle. While in the presence of the ZRP they continued striping out the electrical switch gear. They were warned but left to continue!?
18/8/09 The management company removed all dairy cattle &
dairy equipment on lease hire to relocate farming operations due to police not enforcing the High Court Order & allowing the criminal theft of movable equipment on lease hire.
19/08/09 At 11.25pm the accusseds brother Paul Nyachowe with
Price Chizhowe In a Green Nissan Hard body twin cab reg #.AAD1725, & Green cruiser type car & 4 police details from ZRP Dzivarsekwa
Arrived on the farm and arrested 4 workers of the management company on the accusation that they had stolen Mr Nyachowes property, we presume they were claiming ownership of the movable equipment belonging to the management company on lease hire that war removed the previous day along with the dairy cattle & inputs!. The workers were not even given the chance to show a copy of the High Court Order that they had to prove that the police & the Nyachowes & co were all in contempt of court at that moment.?? The 4 employees were locked away with no shoes & jackets until 4 Hrs latter when due to the presentation of the high court order & diligent intervention of an ass insp Moyo were latter released to return in the morning.
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