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Harare High Court
Foly Cornishe (Private) Limited v Minister of Lands and Rural Resettlement and The Registrar of Deeds
HH 636-18
Case Details
Court
Harare High Court
Date
10 October 2018
Citation
HH 636-18
Neutral Citation
[2018] ZWHH 636
Outcome
unknown
Case Type
Review
Bench
Presiding
MATHONSI J
Full Bench
MATHONSI J
Areas of Law
Administrative lawProperty lawConstitutional law
Keywords
Compulsory land acquisitionSection 5 noticeUrban developmentCorruptionProcedural irregularitiesLand Acquisition Act
Tags
Compulsory acquisitionAdministrative reviewCorruption allegationsUrban land
legislation
Statutes Cited
- Land Acquisition Act
- Land Acquisition Act
- Constitution of Zimbabwe 2013
- High Court Act
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the section 5 preliminary notice complied with mandatory procedural requirements of the Land Acquisition Act","issue_type":"procedural","dispositive":"yes","related_facts":"Late service; insufficient proof of Herald publication; incorrect deed citation"}
- {"issue_text":"Whether the acquisition decision was tainted by corruption","issue_type":"mixed","dispositive":"yes","related_facts":"Email evidence; land baron involvement; no investigation"}
- {"issue_text":"Whether the acquisition purposes stated are lawful under the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Urban development; government housing; s 71(3) requirements"}
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background
Facts of the Case
Background
The applicant challenged the compulsory acquisition of its urban property by the Minister of Lands, alleging procedural irregularities in the section 5 notice, corruption involving land barons, and irrationality of the stated purposes for acquisition.
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