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Harare High Court
Alan McGregor v Nehemiah Saburi and Attorney General and Commissioner General Zimbabwe Republic Police and Minister of Lands Land Reform and Rural Resettlement
HH 33-11
Case Details
Court
Harare High Court
Date
23 February 2011
Citation
HH 33-11
Neutral Citation
[2011] ZWHH 33
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Property LawAdministrative LawConstitutional Law
Keywords
land acquisitiongazetted landeviction orderoffer letterspoliationland reform programme
Tags
land reformgazetted landevictionoffer letter
legislation
Statutes Cited
- Immigration Act 1971
- Immigration Appeals Act 1969
- Immigration Act 1988
- Asylum and Immigration Appeals Act 1993
- Nationality, Immigration and Asylum Act 2002
- European Convention on Human Rights
- Human Rights Act 1998
- Refugee Convention 1951
- Protocol Relating to the Status of Refugees 1967
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant entitled to spoliation order given statutory provisions requiring vacation of gazetted land","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's continued occupation after acquisition, first respondent's entry"}
- {"issue_text":"Whether holder of offer letter has authority to evict illegal occupiers","issue_type":"law","dispositive":"no","related_facts":"First respondent's offer letter, applicant's illegal occupation"}
- {"issue_text":"Whether applicant had substantial prospects of success on appeal","issue_type":"law","dispositive":"no","related_facts":"Applicant's grounds of appeal, strict liability nature of offence"}
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background
Facts of the Case
Background
The applicant, former owner of Nyamakari Farm which was acquired by the State, sought urgent interim relief to prevent his eviction and regain occupation pending his appeal against conviction for illegally occupying gazetted land. The first respondent claimed occupation based on an offer letter issued in 2006.
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