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Harare High Court
Pondoro (Private) Limited and Merle Taylor-Freeme v The Ministry of State Security in the President's Office Responsible for Lands, Land Reform and Resettlement and Officer Commander in Crime, Makonde District
HH 33-2006
Case Details
Court
Harare High Court
Date
15 March 2006
Citation
HH 33-2006
Neutral Citation
[2006] ZWHH 33
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Administrative lawProperty lawConstitutional law
Keywords
Land reformEvictionSection 8(1) orderConstitutional Amendment Act No. 17/2005Acquisition order
Tags
Land acquisitionEvictionConstitutional amendmentUrgent application
legislation
Statutes Cited
- Land Acquisition Act
- Land Acquisition Act
- Land Acquisition Act
- Land Acquisition Act
- Constitutional Amendment Act No. 17/2005
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Constitutional Amendment Act No. 17/2005 invalidated existing section 8(1) acquisition orders","issue_type":"law","dispositive":"yes","related_facts":"Section 8(1) order dated 31 July 2002, Amendment effective 14 September 2005"}
- {"issue_text":"Whether applicants were entitled to remain on property after notice periods expired","issue_type":"law","dispositive":"yes","related_facts":"45-day and 90-day notice periods expired in 2002"}
- {"issue_text":"Whether court should grant interdict against eviction without court order","issue_type":"procedural","dispositive":"no","related_facts":"Respondents attempted eviction without court order"}
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background
Facts of the Case
Background
The applicants, owners of Subdivision A of Athens, sought an urgent interdict to prevent their eviction from the property. The property had been acquired by the State through a section 8(1) order dated 31 July 2002, but the applicants remained in occupation due to political intervention. After Constitutional Amendment Act No. 17/2005 came into effect on 14 September 2005, the respondents attempted to evict them without a court order.
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