MATANDA (PRIVATE) LIMITED versus MINISTER OF NATIONAL SECURITY, LANDS, LAND REFORM AND RESETTLEMENT

HH 178-10

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Case Details

Court

Harare High Court

Date

11 November 2009

Citation

HH 178-10

Neutral Citation

[2010] ZWHH 178

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Property LawAdministrative LawConstitutional Law

Keywords

Land acquisitionDe-listingConstitutional Amendment Act No. 17Section 16BLocus standiOffer letters

Key Issues

{"issue_text":"Whether the land was acquired by operation of Section 16B(2) of Constitutional Amendment Act No. 17 despite being de-listed","issue_type":"law","dispositive":"yes","related_facts":"De-listing of farm, inclusion in Schedule 7, withdrawal of preliminary notice"}
{"issue_text":"Whether the applicant has locus standi to seek eviction of respondents","issue_type":"law","dispositive":"no (fell away after main issue decided)","related_facts":"Land ownership, offer letters issued to respondents"}

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background

Facts of the Case

Background

The applicant MATANDA (PRIVATE) LIMITED sought declaration as legal owner of Lot 1 of Orange Grove farm and eviction of respondents who held offer letters. The land had been initially gazetted for acquisition in 2003, de-listed in 2005, but later included in Schedule 7 of Constitutional Amendment Act No. 17.

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