Richard Mandiranga v Sunungurai Gwarada and Jesca Choto and Sheriff of High Court and Minister of Lands, Agriculture, Water, Fisheries and Rural Resettlement

HH 512-22

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Case Details

Court

Harare High Court

Date

27 July 2022

Citation

HH 512-22

Neutral Citation

[2022] ZWHH 512

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property LawInterdict ReliefLand Reform

Keywords

EvictionOffer letterFarm subdivisionInterdictUrgent application

Key Issues

{"issue_text":"Whether the matter is urgent enough to be heard as an urgent chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Sheriff's attempt to evict on 30 June 2022, imminent threat of eviction"}
{"issue_text":"Whether applicant has locus standi given the withdrawal of offer letter","issue_type":"procedural","dispositive":"no","related_facts":"Withdrawal of offer letter in 2012, subsequent resolution in 2014"}
{"issue_text":"Whether requirements for interim interdict are satisfied","issue_type":"law","dispositive":"yes","related_facts":"Prima facie right to occupy, irreparable harm, balance of convenience"}

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background

Facts of the Case

Background

The applicant sought an interim interdict to prevent his eviction from subdivision 3 of Dana A Farm, Goromonzi, claiming he lawfully occupied it under an offer letter from the Ministry of Lands, while respondents sought to enforce an eviction order that only related to subdivisions 1 and 2.

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