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Supreme Court

Nora Developments (Pvt) Ltd & Anor v Beata Emely Chigwedere

SC 95/23

Case Details

Court
Supreme Court
Date
26 September 2023
Citation
SC 95/23
Neutral Citation
[2023] ZWSC 95
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Gwaunza DCJ
Author
Kudya JA
Full Bench
Gwaunza DCJMathonsi JAKudya JA
Areas of Law
Property lawConstitutional lawAgricultural land law
Keywords
Offer letterEvictionGazetted landLand reformRes judicataLis alibi pendens
Tags
Land acquisitionEvictionOffer letterConstitutional acquisition
legislation
Statutes Cited
  • Agricultural Land Settlement Act
  • Land Acquisition Act
  • Gazetted Land (Consequential Provisions) Act
  • Land Commission Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo erred in granting eviction before determination of HC 5233/13","issue_type":"procedural","dispositive":"no","related_facts":"HC 5233/13 still pending, involves same parties and land"}
  • {"issue_text":"Whether respondent has exclusive right to occupy subdivision based on her offer letter","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent holds offer letter, appellants have no offer letter in their names"}
  • {"issue_text":"Whether appellants can rely on Mrs Sibanda's offer letter for right of occupation","issue_type":"law","dispositive":"yes","related_facts":"Appellants not named in Mrs Sibanda's offer letter, statutes prohibit cession"}
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background
Facts of the Case

Background

The appellants, former owners of Binder Farm, occupied subdivision 1 of the farm since 2004 despite the respondent holding an offer letter for that land issued in November 2004. The farm was constitutionally acquired by the State in September 2005. The respondent sought eviction of the appellants who contested based on a competing offer letter issued to Mrs Sibanda in 2011 and pending litigation in HC 5233/13.
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