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Supreme Court
Minister of Lands, Agriculture, Fisheries, Water and Rural Development & Anor v Alistair Michael Fletcher & Anor
SC 03/24
Case Details
Court
Supreme Court
Date
22 January 2024
Citation
SC 03/24
Neutral Citation
[2024] ZWSC 03
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Mavangira JA
Full Bench
Gwaunza DCJMavangira JAChiweshe JA
Areas of Law
Constitutional lawProperty lawAdministrative law
Keywords
Section 16BSchedule 7Agricultural landCaveat cancellationJurisdiction ouster
Tags
Land acquisitionCaveatsConstitutional lawJurisdiction
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 17) Act 2005
- Constitution of Zimbabwe Amendment (No. 20) Act 2021
- Land Acquisition Act [Chapter 20:10]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo had jurisdiction to deal with the application for cancellation of caveats on land listed under Schedule 7 of the Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"Land gazetted in 2000, caveats placed, application for cancellation made"}
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background
Facts of the Case
Background
The first respondent sought cancellation of caveats placed on his property by appellants. The appellants contended the court lacked jurisdiction as the land was acquired state land under Schedule 7 of the Constitution. The High Court had ordered cancellation of the caveats, finding it was not challenging acquisition but only caveats.
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