Hudson Jostino Zhanda and Irene Zhanda v T J Greaves (Pvt) Limited and T J Greaves and The Hon. Herbert Murerwa N.O.

HH 185-11

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Case Details

Court

Harare High Court

Date

14 September 2011

Citation

HH 185-11

Neutral Citation

[2011] ZWHH 185

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mtshiya J

Full Bench

Mtshiya J

Areas of Law

Property lawLand acquisitionAdministrative law

Keywords

Enondo FarmOffer letterLand Acquisition ActExecution pending appeal

Key Issues

{"issue_text":"Whether execution of eviction order should be allowed pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted on 11 July 2011; application filed 21 July 2011"}
{"issue_text":"Whether application meets requirements of urgency despite 10-day delay","issue_type":"procedural","dispositive":"no","related_facts":"Self-represented applicants; applicant attended funeral in Binga"}
{"issue_text":"Whether respondents have lawful authority to remain on acquired land","issue_type":"law","dispositive":"no","related_facts":"Minister's affidavit about subdivision; respondents' continued occupation"}

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background

Facts of the Case

Background

The applicants, who hold an offer letter for Enondo Farm issued under the Land Acquisition Act, obtained an eviction order against the respondents on 6 July 2011. The respondents noted an appeal to the Supreme Court on 11 July 2011. The applicants brought this urgent application seeking execution of the eviction order pending determination of the appeal, arguing the appeal was merely to delay execution.

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