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Supreme Court
Makandi Estate (Private) Limited v Temba Sithole & 10 Ors
[2023] ZWSC 102
Case Details
Court
Supreme Court
Date
6 October 2023
Citation
[2023] ZWSC 102
Judgment No.
SC 102/23
Outcome
unknown
Case Type
Appeal
Bench
Presiding
BHUNU JA
Full Bench
BHUNU JACHIWESHE JACHATUKUTA JA
Areas of Law
Property LawSpoliationAdministrative Law
Keywords
Spoliation orderLand acquisitionOffer letterUnlawful occupationProcedural irregularity
Tags
SpoliationLand ReformAgricultural LandDeclaratory Order
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in making findings on merits when only preliminary points were argued","issue_type":"procedural","dispositive":"yes","related_facts":"Court determined preliminary objections only but made merits findings"}
- {"issue_text":"Whether the court a quo exceeded its jurisdiction by determining issues not placed before it","issue_type":"procedural","dispositive":"yes","related_facts":"Court declared appellant in unlawful occupation when no such relief was sought"}
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background
Facts of the Case
Background
The appellant, a former farm owner, sought spoliation relief after respondents attempted to occupy State-acquired land based on an offer letter. The High Court dismissed the application on preliminary points and made findings on merits without hearing the parties.
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