Published: 5 hours ago

The Supreme Court has thrown Fernicary Farm (trading as Rutendo Farm) a lifeline in its protracted multimillion-dollar battle with Des Monies Farm (Pvt) Ltd, after reinstating an appeal against a High Court order compelling it to pay US$455,000 in compensation for farm improvements.

In a ruling delivered in chambers, Justice George Chiweshe acknowledged that Rutendo Farm had failed to meet procedural deadlines but found that its case presented "reasonable prospects of success," warranting that the matter proceed to full appeal.

"Although the delay in complying with the infringed rule is not inordinate, the explanation for such delay is not plausible. However, I am of the view that the intended appeal has reasonable prospects of success. It is for that reason that the application must succeed," Justice Chiweshe ruled.

The dispute dates back to 2019, when Rutendo Farm leased its property to Des Monies Farm for eight years, a lease that was expected to run until 2027. The arrangement collapsed amid disagreements, prompting a Deed of Settlement in which Des Monies agreed to vacate but was to be compensated for improvements such as road works, fencing, irrigation maintenance, water reticulation, and the refurbishment of the main house.

When payment was not forthcoming, Des Monies Farm sued, and in 2022 the High Court's Commercial Division ordered Rutendo Farm to pay US$455,000. The court dismissed arguments that the works were unapproved, noting the landlord had been kept informed and had never raised objections.

Rutendo Farm challenged the ruling, arguing that the alleged improvements were not formally sanctioned, that no valuation report was produced, and that some claims-such as US$150,000 for bush clearance-were ordinary operational expenses rather than genuine improvements. However, its failure to meet procedural timelines led to the appeal being deemed abandoned until the Supreme Court's latest intervention.

The High Court's award, pegged at US$455,000 and convertible to local currency at the prevailing interbank rate, remains contested. Should Rutendo Farm succeed on appeal, Des Monies Farm risks losing its compensation for the disputed developments.

The Supreme Court's decision now clears the way for a full hearing on the merits, setting up a decisive legal showdown in one of the country's high-stakes commercial farming disputes.
- NewZimbabwe

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