Foodham Farming (Pvt) Ltd and Johannes Jacobus Hundermark v The State

HH 235-2012

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Case Details

Court

Harare High Court

Date

6 June 2012

Citation

HH 235-2012

Neutral Citation

[2012] ZWHH 235

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BHUNU J

Full Bench

BHUNU JDUBE J

Areas of Law

Criminal LawLand Law

Keywords

Gazetted LandOccupation Without AuthorityLand ReformCriminal Conviction

Key Issues

{"issue_text":"Whether appellants had lawful authority to occupy Gazetted Land","issue_type":"law","dispositive":"yes","related_facts":"Continued occupation after gazettement, no permit held"}
{"issue_text":"Whether defence of claim of right or mistake of law was available","issue_type":"law","dispositive":"yes","related_facts":"Recommendations obtained from Governor and war veterans"}

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background

Facts of the Case

Background

The appellants, a company and its director, were convicted of occupying Gazetted Land without lawful authority contrary to s3(3) of the Gazetted Land (Consequential Provisions) Act. They continued to occupy Subdivision 1 of Hillside Farm in Gweru after it was gazetted as State land on 25 August 2000, despite being notified to vacate and refusing to comply with ejectment attempts.

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