HORTBAC (PVT) LTD t/a LITTLE FLOWER ENTERPRISES v TIMOTHY MUYAMBO and THE MINISTER OF LANDS AND LAND RESETTLEMENT

HH 852-17

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Case Details

Court

Harare High Court

Date

29 December 2017

Citation

HH 852-17

Neutral Citation

[2017] ZWHH 852

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Property lawAdministrative law

Keywords

Land reformCompulsory acquisitionOffer letter validityStateland

Key Issues

{"issue_text":"Whether the offer letter issued to the first respondent is valid and confers title to the disputed land","issue_type":"mixed","dispositive":"yes","related_facts":"The 142.38 hectares was retained by applicant through consent order; first respondent settled through offer letter"}
{"issue_text":"Whether the applicant has locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant retained 142.38 hectares through consent order"}
{"issue_text":"Whether the deponent to the founding affidavit had requisite authority","issue_type":"procedural","dispositive":"no","related_facts":"Directors' resolution dated 10 May 2015"}

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background

Facts of the Case

Background

The applicant company owned land called Glebe which was partially acquired by Government in 2001. Through a consent order in 2003, Government confirmed acquisition of 526.82 hectares but withdrew acquisition proceedings for the remaining 142.38 hectares which the applicant retained. The first respondent was settled on the retained portion through an offer letter from the second respondent, prompting this application to declare the offer letter null and void.

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