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Harare High Court
John Tendayi Enoch Mapondera v Ezekiel Cha Unoita and The Minister of Lands and Rural Resettlement
HH 316-17
Case Details
Court
Harare High Court
Date
22 May 2017
Citation
HH 316-17
Neutral Citation
[2017] ZWHH 316
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Musakwa J
Full Bench
Musakwa J
Areas of Law
Property LawInterdict Relief
Keywords
interlocutory interdictland allocationfarm boundariesresettled farmersencroachment
Tags
land disputeinterdictagricultural landboundary dispute
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether requirements for interlocutory interdict are met","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant has offer letter, first respondent farming on disputed land, irreparable harm to applicant"}
- {"issue_text":"Whether Land Commission proceedings oust court's jurisdiction","issue_type":"law","dispositive":"no","related_facts":"Land Commission has mandate to investigate land disputes, court requested to grant interdict pending resolution"}
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background
Facts of the Case
Background
The applicant and first respondent are resettled farmers involved in a land dispute over Subdivision 2 of Strathlone farm. The applicant was allocated the land in 2006 but the first respondent has been conducting farming activities on a disputed portion, despite a report confirming the land belongs to the applicant.
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