High Court Boots Son Off Eight Gold Claims in Explosive Father–Son Fallout

The High Court has ordered Wambutso Donald Makoni to vacate eight lucrative Tumai mining claims after ruling that he no longer has any legal authority to occupy or manage the properties owned by his father, Donald Sarudzai Makoni.

Handing down judgment, Justice Maxwell Takuva made it clear the dispute was not about blood ties but about law, authority and ownership.

“He may have suffered a stroke, but his mind is sharp,” Justice Takuva ruled.

“Mental clarity does not vanish with physical affliction.

“The applicant remains fully competent to revoke the power of attorney and to seek redress through the courts.”

ALSO READ: HCC, Residents at War Over Smart Water Meters

The case centres on a special power of attorney previously granted to Wambutso to manage his father’s mining interests.

Justice Takuva said the revocation was lawful and effective.

“The law does not presume mental incompetence from physical disability,” he said.

“The applicant’s capacity to instruct legal counsel and to revoke the power of attorney stands unshaken.”

Wambutso had argued that his father’s physical condition rendered him incapable of managing his legal affairs and that a court-appointed curator should have taken over decision-making.

The court rejected that argument outright.

“The first respondent no longer holds any legitimate claim to the property,” Justice Takuva ruled.

In a decisive order, the court directed Wambutso and anyone occupying the claims under his authority to vacate the mining site within 14 days.

“No one, not even a son, can continue to hold property once the legal basis for doing so has been withdrawn,” Justice Takuva said.

“The rightful owner cannot be dispossessed of his property by those who lack authority.”

The court further ruled that failure to comply would result in eviction by the Sheriff. Wambutso was also ordered to pay the full legal costs of the proceedings.