Brian Andrew Cawood (No.2) v Elasto Madzingira & Anor

HMA 47-17

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Case Details

Court

Masvingo High Court

Date

6 September 2017

Citation

HMA 47-17

Neutral Citation

[2017] ZWHMA 47

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mafusire J

Full Bench

Mawadze JMafusire J

Areas of Law

Property lawLand reform lawEviction law

Keywords

Gazetted Lands ActOffer letterLawful authorityHomestead leaseRemaining extent

Key Issues

{"issue_text":"Whether the lease agreement sufficiently identified the homestead to be enforceable","issue_type":"mixed","dispositive":"no","related_facts":"Lease described homestead as 224m² with map reference; appellant claimed vagueness"}
{"issue_text":"Whether the 2007 letter constituted lawful authority for appellant's continued occupation","issue_type":"law","dispositive":"yes","related_facts":"Letter stated 5,030 hectares left for appellant's company pending offer letter; never revoked"}
{"issue_text":"Whether the appellant had lawful authority to remain on the homestead in the absence of an offer letter, permit or lease","issue_type":"law","dispositive":"yes","related_facts":"Appellant never received offer letter; SI 53/14 now specifies permit requirements"}

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background

Facts of the Case

Background

The appellant, former owner of Lot 21A Nuanetsi Ranch compulsorily acquired by Government, refused to vacate the homestead which the first respondent had leased from the second respondent (Minister of Lands). The appellant claimed lawful authority to remain based on a 2007 letter indicating 5,030 hectares were left for his company pending an offer letter that never materialised.

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