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Harare High Court
Dorcas Makaza N.O. (in her capacity as the Executrix Dative of the Estate of the late James Robert Dambaza Chikerema) v Timothy Jani and Peter Nyatsanga and Tinos Manunguvere and Zackariah Chakwizira and Tichaona Bennett and Daina Kutama and Zano Kutama and Stella Chakwizira and Christine Kutama and Susan Manunguvere and Godfrey Nyatsanga and The Master of the High Court
HH 38-25
Case Details
Court
Harare High Court
Date
24 January 2025
Citation
HH 38-25
Neutral Citation
[2025] ZWHH 38
Outcome
unknown
Case Type
Application
Bench
Presiding
Mambara J
Full Bench
Mambara J
Areas of Law
Property lawConstitutional lawLand acquisition
Keywords
Rei vindicatioLand acquisitionResettlementDiana FarmHunyani Estate
Tags
Land reformResettlementEstate administration
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) 2013
- Constitution of Zimbabwe
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established a case for rei vindicatio","issue_type":"mixed","dispositive":"yes","related_facts":"Ownership claim, respondents' possession, government resettlement"}
- {"issue_text":"The legal effect of the cancellation endorsement on the title deed","issue_type":"law","dispositive":"yes","related_facts":"Endorsement made without formal restoration process"}
- {"issue_text":"Whether the respondents' occupation is lawful","issue_type":"mixed","dispositive":"yes","related_facts":"Government-sanctioned resettlement, DDF construction"}
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background
Facts of the Case
Background
The executrix dative of the late James Chikerema's estate sought to evict eleven families from Diana Farm, part of Hunyani Estate, claiming they were unlawful occupiers. The land had been acquired by the State in 2005 under the Land Acquisition Act and constitutional provisions, with respondents settled there as part of the Kutama Resettlement Scheme.
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