TEVIOT TRUST (PRIVATE) LIMITED versus MINISTER OF LANDS, AGRICULTURE, WATER, CLIMATE AND RURAL RESETTLEMENT NO and KASEPLAN GRAND INDUSTRIES (PRIVATE) LIMITED

HH 659-25

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Case Details

Court

Harare High Court

Date

23 October 2025

Citation

HH 659-25

Neutral Citation

[2025] ZWHH 659

Outcome

unknown

Case Type

Opposed Application

Bench

Presiding

MHURI J

Full Bench

MHURI J

Areas of Law

Property LawConstitutional LawAdministrative Law

Keywords

Compulsory acquisitionPrescriptionDeclaratory orderLand rights

Key Issues

{"issue_text":"Whether the founding affidavit is invalid due to having a computer-generated date","issue_type":"procedural","dispositive":"no","related_facts":"Founding affidavit bears computer-generated date"}
{"issue_text":"Whether this Court has jurisdiction to hear land acquisition matters","issue_type":"constitutional","dispositive":"no","related_facts":"Land was subject to compulsory acquisition under section 16B of Constitution"}
{"issue_text":"Whether the matter has prescribed under the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Acquisition occurred in 2004, application filed in 2020 (16 years later)"}

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background

Facts of the Case

Background

Applicant TEVIOT TRUST (PRIVATE) LIMITED owns land (Lot 1A Teviotdale) under Certificate of Title Number 3873/56. In 2004, the first respondent government acquired this land despite applicant's objections. Applicant filed an application in 2020 seeking to declare the acquisition invalid. The matter was initially granted by default but later rescinded when the second respondent (holder of an offer letter) successfully argued they should have been cited. The application was then opposed and dismissed on prescription grounds.

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