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Supreme Court

J.C. CONOLLY AND SONS (PRIVATE) LIMITED v R.C. NDHLUKULA & 1 OR

[2018] ZWSC 22

Case Details

Court
Supreme Court
Date
15 March 2018
Citation
[2018] ZWSC 22
Judgment No.
SC 22/18
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GARWE JA
Full Bench
GARWE JAHLATSHWAYO JAGUVAVA JA
Areas of Law
Property lawConstitutional lawAdministrative law
Keywords
Land reformCompulsory acquisitionSpoliationInterdictDue process
Tags
Land acquisitionSpoliationInterdictConstitutional law
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) 2013
  • Former Constitution of Zimbabwe
  • Constitution of Zimbabwe Amendment (No. 20) 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo erred in giving audience to the first respondent despite allegations of contempt","issue_type":"procedural","dispositive":"no","related_facts":"First respondent appealed contempt order; contempt proceedings pending"}
  • {"issue_text":"Whether the relief sought was spoliatory or interdictory","issue_type":"mixed","dispositive":"yes","related_facts":"Founding papers sought interdict; spoliation raised later"}
  • {"issue_text":"Whether government officials' representations constituted an estoppel","issue_type":"law","dispositive":"no","related_facts":"Deputy Ministers encouraged farming operations"}
  • {"issue_text":"Whether section 74 of the Constitution protects against arbitrary eviction","issue_type":"constitutional","dispositive":"no","related_facts":"No court order for eviction existed"}
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background
Facts of the Case

Background

The appellant, former owner of farmland compulsorily acquired by the State in 2003, sought to interdict the first respondent from occupying the property based on an offer letter from the Minister of Lands. The High Court discharged the provisional order, finding the appellant had no legal right to the land.
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