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Constitutional Court
Alistair Michael Fletcher v Minister of Lands Agriculture, Fisheries, Water & Rural Development N.O & 2 Ors
CCZ 14/25
Case Details
Court
Constitutional Court
Date
29 July 2025
Citation
CCZ 14/25
Neutral Citation
[2025] ZWCCZ 14
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Hlatshwayo JCC
Full Bench
Garwe JCCMakarau JCCGowora JCCHlatshwayo JCCPatel JCCMakoni AJCCMathonsi AJCC
Areas of Law
Constitutional lawProperty lawLand acquisition
Keywords
Agricultural landUrban landSection 16BCaveatsJurisdiction
Tags
Land acquisitionUrban landConstitutional interpretationCaveats
legislation
Statutes Cited
- Constitution of Zimbabwe (former)
- Constitution of Zimbabwe, 2013
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Supreme Court erred in holding that the High Court lacked jurisdiction to determine an application for removal of caveats on urban land by operation of s 16B(3) of the former Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Land was proclaimed urban before gazetting; s 16B applies to agricultural land"}
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background
Facts of the Case
Background
The appellant, owner of Umguza Agricultural Lots of Umvutcha and Reigate, challenged caveats placed on his title deed by respondents. The land was proclaimed urban land in 1999 but gazetted for acquisition in 2000. Supreme Court held acquisition valid and jurisdiction ousted. Constitutional Court found land was urban, not agricultural, and jurisdiction not ousted.
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