Francis Pedzana Gudyanga v Five Streams Farm (Pvt) Ltd and Frank Thomas Martin and Ann Perason Martin and Minister of Lands and Rural Resettlement N.O.

HH 261/13

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Case Details

Court

Harare High Court

Date

28 August 2013

Citation

HH 261/13

Neutral Citation

[2013] ZWHH 261

Outcome

unknown

Case Type

Application

Bench

Presiding

MUSAKWA J

Full Bench

MUSAKWA J

Areas of Law

Property lawAdministrative lawLand reform law

Keywords

Offer letterLawful authorityGazetted landPrescriptionVacant occupation

Key Issues

{"issue_text":"Whether an offer letter constitutes lawful authority to occupy gazetted agricultural land","issue_type":"law","dispositive":"yes","related_facts":"Applicant holds offer letter dated 4 December 2008"}
{"issue_text":"Whether respondents' occupation without offer letter or permit is lawful","issue_type":"law","dispositive":"yes","related_facts":"Respondents lack offer letter, permit or land settlement lease"}
{"issue_text":"Whether applicant's right to institute proceedings has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"More than four years elapsed since offer letter"}

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background

Facts of the Case

Background

The applicant was issued an offer letter for Remaining Extent of Five Streams Farm on 4 December 2008 and sought a declaration of lawful occupation and eviction of respondents who were occupying the farm without lawful authority. The respondents contested the validity of the offer letter and claimed government support for their continued occupation.

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