POLICE superintendent Kennedy Fero, who was roped in by Mrs Grace Mugabe to grab three low-density houses from Lebanese businessman Mr Jamal Ahmed, has been ordered off the properties to pave way for the rightful owners.
Judge President George Chiweshe ordered Supt Fero and other guards off No. 409 Harare Drive, Pomona; No. 18 Cambridge Road, Avondale; and No. 75 King George, Avondale, together with any other guards or people deployed there.
Supt Fero was heading the team of guards deployed to the properties after the illegal takeover.
On the strength of the court judgment, Mr Ahmed’s lawyers have since instructed the Sheriff of the High Court to evict Supt Fero and any other guards who are still at the properties.
Mrs Mugabe and her son from an earlier marriage, Mr Russell Goreraza, had since vacated the premises.
The properties were illegally grabbed without any court order after Mrs Mugabe, who was bitter about the $1,2 million she had lost in a diamond ring deal, abused her powers as First Lady and deployed armed cops to the houses.
The violent takeover of the properties threatened Mr Ahmed, resulting in him fleeing the country.
Since there was no evidence proving that Mrs Mugabe and her son were occupying the properties, Judge President Chiweshe issued an order against Supt Fero.
“The application succeeds as against the third respondent (Supt Fero).
“Consequently, the third respondent and all those claiming occupation of the applicant’s properties through him, namely No. 409 Harare Drive, Pomona; No. 18 Cambridge Road, Avondale; and No. 75 King George, Avondale, be and are hereby ordered to forthwith vacate the said properties.
“For the avoidance of doubt, the provision of paragraph 2 shall apply to all persons who are currently in occupation of the properties mentioned above without the authority and consent of the applicants as of the date of this order,” ruled the Judge President.
Justice Chiweshe ordered the Sheriff of the High Court to evict the occupants.
“The Sheriff of the High Court be and is hereby ordered to forthwith cause the eviction of the said occupants and to immediately restore possession of the occupied properties to the applicants,” he said.
In December 2016, High Court judge Justice Clement Phiri issued a default judgment against Mrs Mugabe and her son and ordered them off the properties together with the rest of the guards.
However, in June 2017, Judge President Chiweshe reversed Justice Phiri’s decision relying on High Court Rule 449 (1) (a).
The Judge President set aside the decision of a fellow judge after the police rushed to the First Family’s defence.
Police detectives told the court that Mrs Mugabe had nothing to do with the deployment of police guards and that the properties were being protected as exhibits in some ongoing criminal investigations against Mr Ahmed.
Meanwhile, Mrs Mugabe is suing Mr Ahmed for $1 230 000 over a diamond ring deal that went sour last year.
Mrs Mugabe claims she approached Mr Ahmed, who was in the business of diamond-cutting and polishing and ordered a 100-carat special ring worth $1 350 000 for her wedding anniversary, in April 2015.
She paid in advance through her CBZ Bank account.
However, in breach of the agreement, Mr Ahmed allegedly failed to deliver the ring, triggering a legal wrangle.