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Supreme Court
Ngwari Masanza (Informa pauperis) & Anor v Luke Rwafa & 2 Ors
SC 49/22
Case Details
Court
Supreme Court
Date
6 April 2022
Citation
SC 49/22
Neutral Citation
[2022] ZWSC 49
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chiweshe JA
Full Bench
Chiweshe JA
Areas of Law
Property LawCivil Procedure
Keywords
evictionland acquisitionstay of executionurgent chamber applicationinforma pauperis
Tags
evictionland reformurgent applicationstay of execution
legislation
Statutes Cited
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for stay of execution is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Delay of 13 days after SC 441/20 struck off"}
- {"issue_text":"Whether the application has been overtaken by events as eviction already occurred","issue_type":"procedural","dispositive":"yes","related_facts":"Eviction already carried out before application filed"}
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background
Facts of the Case
Background
The applicants occupied Heydon Farm since 2000 during land reform. The farm was compulsorily acquired by the State and subdivided. Respondents bought Stand 2915 Haydon Township with title. Applicants remained on the stand without legal basis. Respondents obtained eviction order CHN 286/19. After various appeals, applicants sought stay of execution pending condonation application, but had already been evicted.
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