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Harare High Court

Andrew John Pascoe v Ministry of Lands & Rural Resettlement and W. Bungu and The Attorney General N.O

HH 391-17

Case Details

Court
Harare High Court
Date
5 June 2017
Citation
HH 391-17
Neutral Citation
[2017] ZWHH 391
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Administrative LawConstitutional LawProperty Law
Keywords
Eviction noticeInterim interdictAdministrative justiceConstitutional rightsUrgent application
Tags
EvictionAdministrative LawConstitutional RightsInterim Relief
legislation
Statutes Cited
  • High Court of Zimbabwe Rules 1971
  • Constitution of Zimbabwe
  • Administrative Justice Act
  • Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the urgent chamber application was properly constituted given the time available","issue_type":"procedural","dispositive":"no","related_facts":"Service on May 12, 2017, application filed June 1, 2017, deadline June 30, 2017"}
  • {"issue_text":"Whether urgent chamber application was the correct procedure vs urgent court application","issue_type":"procedural","dispositive":"no","related_facts":"Court rules provide for urgent court applications with shortened timeframes"}
  • {"issue_text":"Whether applicant established requirements for interim interdict","issue_type":"mixed","dispositive":"no","related_facts":"Fear of imminent harm, irreparable harm, no alternative remedy"}
  • {"issue_text":"Whether the eviction notice violated constitutional and administrative justice provisions","issue_type":"constitutional","dispositive":"no","related_facts":"Sections 68 and 69 of Constitution, Administrative Justice Act"}
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background
Facts of the Case

Background

Applicant Andrew John Pascoe received an eviction notice dated May 10, 2017 from the Acting Provincial Resettlement Officer requiring him to cease farming activities on Plots 3 and 5 of Ivordale Farm by June 30, 2017. He sought urgent interim relief to prevent eviction pending determination of his review application in HC 12727/16.
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