A Chivhu court has ruled that Chief Nyoka, real name as Musafare Matizha, must return household property worth US$700 to a local teacher, Regina Mandizha, after it was seized as a result of her failure to pay a fine of US$250. Mandizha, a teacher at Marondamashanu Primary School, was convicted and fined after using a poisonous pesticide around her residence, which led to the death of her neighbour’s roadrunner chickens, Agnes Mukarati.
Chief Nyoka took possession of Mandizha’s refrigerator and other household items when she was unable to pay the fine. However, Mandizha appealed the chief’s ruling at the Chivhu Civil Court, naming Mukarati and Chief Nyoka’s court messenger as respondents in the case.
The court judgment states, “The second respondent shall return the movable properties, being a KIC fridge and a kitchen table with four of its chairs attached to the applicant, within 10 days of service of the court order that shall be issued by the court.”
“Applicant shall pay the costs incurred by first respondent at the community court in the sum of US$ 110 per the warrant of execution. The first respondent shall have no right to seek these costs or costs of suit again before the community court against the applicant to the extent that the cause of action in issue is concerned.”
According to court records obtained from Chief Nyoka’s office, seen by NewsDay, Mandizha was tried and convicted in absentia. The court ordered her to reimburse Mukarati with nine chickens valued at US$144. Mandizha was also directed to pay an additional US$50 for the cost of property seizure, US$40 as a fee for appearing before the chief’s court, and US$20 as reimbursement for Mukarati’s appearance fee. Furthermore, she was instructed to pay a goat as a fine to Chief Nyoka and a storage fee of US$1 per day for the period her property was held at the chief’s residence, starting from October 2 of the previous year.
As this case reaches its conclusion, it serves as a reminder of the importance of fair and just legal proceedings, ensuring that individuals are given the opportunity to address grievances and rectify situations in a manner that upholds their rights.
