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All Cases/Harare High Court/2022

Harare High Court

Amod Mandivenga Takawira v Minister of Lands Agriculture Fisheries, Water & Rural Development N.O and Registrar of Deeds N.O

HH 730-22

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Case Details

Court

Harare High Court

Date

19 October 2022

Citation

HH 730-22

Neutral Citation

[2022] ZWHH 730

Outcome

unknown

Case Type

Application

Bench

Presiding

MHURI J

Full Bench

MHURI J

Areas of Law

Property lawConstitutional lawAdministrative law

Keywords

Compulsory land acquisitionCertificate of no present interestSection 16B Constitutional AmendmentDeed of transfer99-year lease

Key Issues

{"issue_text":"Whether the compulsory acquisition was invalid because it named the previous owner and not the current registered owner","issue_type":"law","dispositive":"yes","related_facts":"Applicant held deed 10480/2001; notice referred to deed 7477/73 and Van Niekerk"}
{"issue_text":"Whether failure to endorse the acquisition on the deed invalidates the acquisition","issue_type":"law","dispositive":"yes","related_facts":"No endorsement on deed 10480/2001"}

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background

Facts of the Case

Background

The applicant purchased a farm from Van Niekerk in 2001 after obtaining certificates of no present interest and compliance. Six months later, the property was gazetted for compulsory acquisition under General Notice 198A of 2002. In 2022, the State granted applicant a 99-year lease over the same property, prompting him to seek a declaration that the original acquisition was invalid as it named the previous owner and was never endorsed on his deed.

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