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Harare High Court
HORTBAC t/a LITTLE FLOWER ENTERPRISES v THE CHIEF LANDS OFFICER N.O. MASHONALAND EAST PROVINCE & 4 ORS
HH 812-17
Case Details
Court
Harare High Court
Date
6 December 2017
Citation
HH 812-17
Neutral Citation
[2017] ZWHH 812
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Property LawAdministrative LawConstitutional Law
Keywords
summary judgmentConstitutional Amendment 17/2005offer lettersland acquisitionGlebe farm
Tags
land reformconstitutional amendmentoffer lettersagricultural land
legislation
Statutes Cited
- Constitutional Amendment number 17/2005
- Constitution of Zimbabwe (post-2013)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondents have raised a bona fide defence to summary judgment given the existence of extant court orders in applicant's favor","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of orders in LA 2898/02 and HC 7006/15, enactment of Constitutional Amendment 17/2005"}
- {"issue_text":"Whether Constitutional Amendment 17/2005 extinguished rights granted by prior court orders without due process","issue_type":"constitutional","dispositive":"no","related_facts":"Constitutional Amendment 17/2005 vests land in state, HC 7006/15 post-dates amendment"}
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background
Facts of the Case
Background
The applicant, successful in previous litigation regarding 142.38 hectares of "The Glebe" farm, sought summary judgment against respondents occupying the land. The respondents opposed, arguing Constitutional Amendment 17/2005 vested all agricultural land in the state, extinguishing the applicant's rights from prior court orders.
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