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Bulawayo High Court
Clenika Nkomo and Clayton Nkomo v Drawcard Enterprises (Pvt) Ltd and Minister of Lands, Agriculture, Fisheries, Water and Rural Development N.O and Registrar of Deeds N.O
HB 180/23
Case Details
Court
Bulawayo High Court
Date
7 September 2023
Citation
HB 180/23
Neutral Citation
[2023] ZWHB 180
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Property lawAdministrative law
Keywords
Deed of transferCertificate of no present interestEvictionFarm acquisitionResettlement
Tags
Property lawAgricultural landEvictionTitle deeds
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the 1st respondent's opposing affidavit is admissible when prepared and commissioned by legal practitioners from the same law firm","issue_type":"procedural","dispositive":"yes","related_facts":"The 1st respondent's opposing affidavit was prepared by his legal practitioners and commissioned by a legal practitioner of the same law firm"}
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background
Facts of the Case
Background
The applicants, a mother and son, have resided on a farm in Gwelo district since 1989 under an oral lease agreement. In 2005, they were advised the farm had been gazetted for government acquisition. In 2009, the 1st respondent purchased the farm and instituted eviction proceedings against the applicants, who then filed this application seeking various declaratory orders.
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