Former Cabinet minister Ignatius Chombo has lost a long-running legal battle over the value of the 99-year lease on Allan Grange Farm, with the High Court awar...
Former Cabinet minister Ignatius Chombo has lost a long-running legal battle over the value of the 99-year lease on Allan Grange Farm, with the High Court awarding his former wife, Marian Chombo, 45 percent of the value of the rights and benefits attached to the lease.
Justice Philipa Phillips ruled that while the approximately 3,099-hectare farm remains State property, the registered lease acquired during the couple’s marriage constituted an economic interest that could be considered as part of the matrimonial estate.
Chombo was awarded 55 percent of the value of the leasehold rights, while Marian received 45 percent. The ruling brings a long-running dispute over the farm closer to an end after years of litigation between the former spouses.
The court’s decision does not mean that Marian Chombo has been given ownership of 45 percent of the land itself. The underlying farm remains owned by the State, with the judgment dealing instead with the economic rights and benefits arising from the registered lease.
The dispute dates back to the couple’s marriage and subsequent divorce. The pair entered into a customary union in 1985 before solemnising their civil marriage in May 1993. Their divorce was granted on August 31, 2012, after they had reached agreement on most of their property, leaving the Allan Grange Farm lease as a major unresolved issue.
The farm, located in the Zvimba area of Mashonaland West, measures about 3,099 hectares and was held under a 99-year lease acquired during the marriage.
The issue had previously reached the Supreme Court. In a 2018 judgment, the Supreme Court held that the rights and benefits flowing from the long-term lease could be considered in the distribution of matrimonial assets and sent the matter back for the value of the interests to be determined.
The Supreme Court record also recognised that the State remained the owner of the land but found that the lease created rights and benefits that could be taken into account when distributing the spouses’ matrimonial assets.
The latest High Court proceedings therefore focused on the value of those leasehold interests and the respective contributions made by the former spouses.
Chombo argued that the farming operation had little or no positive value at the time of the divorce because it was heavily burdened by debt.
According to court reporting, Chombo told the court that substantial amounts had been borrowed to finance farming operations, including the purchase of agricultural equipment and the financing of inputs and labour. He said he subsequently assumed responsibility for the debts associated with the farming operation.
Chombo also argued that the farm required substantial investment to restore it to profitability and maintained that the farming operation had been more of a financial burden than a profitable asset.
Marian, however, presented a different account of her involvement in the farm.
She told the court that she had played a significant role in the acquisition and running of the farming enterprise while Chombo was frequently based in Harare carrying out his government duties.
Her evidence was that she managed various agricultural activities, including crop production, dairy ope...
