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Harare High Court
Marsden Farm (Pvt) Ltd v Chief Mashayamombe & 4 Ors
HH 314-12
Case Details
Court
Harare High Court
Date
1 August 2012
Citation
HH 314-12
Neutral Citation
[2012] ZWHH 314
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Property lawAdministrative lawLand reform
Keywords
SpoliationLand acquisitionOffer lettersState landSelf-help
Tags
Land reformSpoliationOffer lettersState land
legislation
Statutes Cited
- Land Acquisition Act
- Constitution of Zimbabwe
- Gazetted Lands (Consequential Provisions) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant is entitled to spoliatory relief against respondents who occupied state land through self-help","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant in occupation, respondents used self-help, farm is state land"}
- {"issue_text":"Whether holders of offer letters can be evicted for using self-help","issue_type":"law","dispositive":"yes","related_facts":"Third respondent has offer letter but used self-help"}
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background
Facts of the Case
Background
Marsden Farm was compulsorily acquired by the State in 2002 and became state land. The applicant company, claiming to have purchased the farm, remained in occupation. Various respondents occupied portions of the farm through self-help measures, with only the third respondent holding a valid offer letter. The applicant sought spoliatory relief to protect its possession.
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