Andrew Richard Bruford versus The Attorney General and The Minister of Lands and Rural Resettlement and Magistrate Jarabini and Farai Chengeta and The Commissioner of Police

Key Issues

• {"issue_text":"Did the magistrate have jurisdiction to order execution of the eviction order pending appeal?","issue_type":"law","dispositive":"yes","related_facts":"Magistrate granted execution; statutory silence on post-appeal powers; functus officio doctrine"}
• {"issue_text":"Does s 3(5) of the Gazetted Land (Consequential Provisions) Act confer implied power to execute eviction orders pending appeal?","issue_type":"law","dispositive":"yes","related_facts":"Statute mandates eviction upon conviction but silent on execution pending appeal"}
• {"issue_text":"Is the magistrate court functus officio after conviction and sentencing, precluding further orders?","issue_type":"law","dispositive":"yes","related_facts":"Final order issued; appeal noted; no express statutory authority to revisit"}
• {"issue_text":"Does the monetary jurisdiction of the civil magistrate court limit eviction orders under s 3(5)?","issue_type":"law","dispositive":"no","related_facts":"SI 21/2009 sets $2,000 cap; land value exceeds this"}

Background