Judgment No. SC 22/18
Civil Appeal No. SC 291/16
not attend the hearing. The court then granted interim interdictory relief which, inter
alia, called upon the first respondent to show cause why the order sought should not be
confirmed on the return day.
[8]
The first respondent opposed the confirmation of the provisional order. He averred that
the land in question had been offered to him by the Minister of Lands and Rural
Resettlement. He admitted visiting the farm to notify the appellant of the need to wind
up operations within a period of three months. He further stated that the land in question
had been gazetted by the State and attached a copy of the Gazette of 17 September
2003. In the circumstances, he submitted that there was no lawful basis for the
confirmation of the provisional order previously granted as that would be tantamount
to perpetuating criminality on the part of the appellant. He therefore sought an order
discharging the provisional order.
[9]
In its answering affidavit, the appellant averred that, by the time the provisional order
was granted, the first respondent’s wife had moved three of her workers into staff
quarters at the farm. Between 1 and 2 August 2014, persons acting on behalf of the
first respondent also moved onto the farm, rounded up appellant’s pedigree herd and
removed same from the farm, evicted appellant’s labour force from the farm compound
and directed that the gates leading to the irrigated vegetables be left unlocked. The
appellant stated further that it had not at any stage been ordered by the Government to
vacate the farm nor had any eviction order been granted by a court of competent
jurisdiction. In the circumstances the appellant sought an order preventing self-help by
the first respondent and confirming the provisional order.
3