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Harare High Court

Broxfield Enterprises & Another v Minister of Lands and Rural Resettlement & Another

HH 563-17

Case Details

Court
Harare High Court
Date
29 August 2017
Citation
HH 563-17
Neutral Citation
[2017] ZWHH 563
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Administrative lawProperty lawCompany law
Keywords
land reform programmeindigenous Zimbabweancorporate entitycompulsory acquisitiondelisting
Tags
land reformcompulsory acquisitioncorporate personalityindigenous ownership
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether corporate entities can benefit from government policy protecting indigenous Zimbabweans' land from compulsory acquisition","issue_type":"legal","dispositive":"yes","related_facts":"Applicants are corporations; Vingirai is indigenous Zimbabwean shareholder"}
  • {"issue_text":"Whether Vingirai could claim personal ownership of corporately-owned farms","issue_type":"legal","dispositive":"no","related_facts":"Farms registered in corporate names; Vingirai claimed personal ownership"}
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background
Facts of the Case

Background

Two corporate entities sought delisting of farms (Doondo and Sholliver) compulsorily acquired by government in 2005, claiming the acquisition violated policy against acquiring land from indigenous black Zimbabweans. The application was brought through Nicholas Vingirai who claimed personal ownership despite farms being registered in corporate names.
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