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Harare High Court
David Lewis Trust (Pvt) Ltd v Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement and 3 Others
HH 892-22
Case Details
Court
Harare High Court
Date
20 December 2022
Citation
HH 892-22
Neutral Citation
[2022] ZWHH 892
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property lawConstitutional lawAdministrative law
Keywords
Land acquisitionSection 16BJurisdictionAgricultural landMunicipal landConstitutional ouster clause
Tags
Land acquisitionConstitutional challengeAgricultural landMunicipal boundaries
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 17) Act 2005
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Land Acquisition Act [Chapter 20:10]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the High Court have jurisdiction to hear a challenge to compulsory acquisition of agricultural land under section 16B(3) of the repealed Constitution?","issue_type":"procedural","dispositive":"yes","related_facts":"Acquisition occurred under section 16B(2)(a), applicant challenges inclusion of municipal land"}
- {"issue_text":"Was the Minister's acquisition of the farm procedurally invalid for including non-agricultural land?","issue_type":"mixed","dispositive":"no","related_facts":"Applicant claims portion falls within municipality, Minister acquired whole farm"}
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background
Facts of the Case
Background
The applicant challenged the compulsory acquisition of its farm by Government, arguing that the Minister incorrectly identified the property by including non-agricultural municipal land within the acquisition notice. The Minister raised a preliminary point that the court lacked jurisdiction to hear the matter.
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