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Harare High Court

Ben Mutambu and Admire Gadzikwa and Chenjerai Mugwagwa v The Minister of Lands & Rural Resettlement and The Provincial Governor, Mashonaland West and The District Administrator and Stanley Mhondoro and Officer Commanding Police, Mashonaland West Province

HH 359-2012

Case Details

Court
Harare High Court
Date
19 September 2012
Citation
HH 359-2012
Neutral Citation
[2012] ZWHH 359
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Administrative lawLand law
Keywords
Land allocationEvictionInterdictUrgent reliefLand reform
Tags
Land reformEvictionUrgent applicationInterdict
legislation
Statutes Cited
  • Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the 28 other farmers are entitled to relief without deposing affidavits","issue_type":"procedural","dispositive":"no","related_facts":"Only 3 applicants deposed to affidavits"}
  • {"issue_text":"Whether the matter is urgent given the threat of imminent eviction","issue_type":"procedural","dispositive":"yes","related_facts":"Eviction threatened for 15 August, application filed 14 August"}
  • {"issue_text":"Whether respondents can lawfully evict applicants without court order","issue_type":"legal","dispositive":"yes","related_facts":"Threat to use police riot squad without court order"}
  • {"issue_text":"Whether applicants are in breach of Gazetted Land Act by remaining after withdrawal","issue_type":"legal","dispositive":"yes","related_facts":"Allocation withdrawn in August 2012"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Three applicants and 28 other farmers were allocated plots on Lion Kopje Farm under Zimbabwe's land reform program from 2004, having occupied the farm since 2001. In August 2012, the government withdrew their allocation and ordered them to vacate by 15 August 2012, threatening police eviction, to make way for Chief Zvimba. The applicants sought an urgent interdict to prevent their eviction.
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