Patrick Makava v (1) Rosemary Mutingwende (2) Minister of Lands and Rural Resettlement

Key Issues

• {"issue_text":"Whether the power of attorney authorizing the legal proceedings was valid despite being executed in the UK and not notarized","issue_type":"procedural","dispositive":"no","related_facts":"Power of attorney executed in UK, not authenticated under High Court Rules"}
• {"issue_text":"Whether the matter was urgent given the history of occupation","issue_type":"procedural","dispositive":"no","related_facts":"First respondent filed urgent application 2.5 months after earlier application, aware of appellant's occupation since 2016"}
• {"issue_text":"Whether the first respondent's offer letter related to the same land occupied by the appellant","issue_type":"mixed","dispositive":"yes","related_facts":"Both parties occupy same farm, appellant conceded occupying same land as allocated to first respondent"}
• {"issue_text":"Whether the first respondent established a clear right entitling her to an interdict","issue_type":"law","dispositive":"yes","related_facts":"First respondent has offer letter, appellant has no documentation"}

Background