Ariston Management Services (Pvt) Ltd t/a Claremont Orchards v Shepherd Gurure and Richard Sakubende and Rangarirai Chikohomero and Minister of Lands & Resettlement

HH 815-17

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Case Details

Court

Harare High Court

Date

6 December 2017

Citation

HH 815-17

Neutral Citation

[2017] ZWHH 815

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Property lawConstitutional law

Keywords

Rei vindicatioCompulsory acquisitionLand reformEvictionOwnership

Key Issues

{"issue_text":"Whether the applicant has proved ownership of the three cottages so as to sustain a rei vindicatio claim for eviction","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant’s assertion of ownership; lack of documentary proof; applicant’s later concession that cottages belong to State"}
{"issue_text":"Whether the applicant has locus standi to evict the respondents if the cottages belong to the State","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is not lessee, offeree, permit holder, agent or assignee of the State"}

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background

Facts of the Case

Background

Applicant claimed ownership of three cottages on its farm and sought eviction of respondents who occupied them as land-reform beneficiaries. Government had compulsorily acquired the farm including the cottages. Applicant failed to prove ownership and abandoned its rei vindicatio claim mid-stream, instead asserting the cottages belonged to the State.

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