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Harare High Court
David Chapfika v Takadana Makina and Hedon Chatambalala and Deputy Police Commissioner General Matanga and Assistant Police Commissioner Pfumvuti and The Minister of Lands & Rural Resettlement
HH 165-10
Case Details
Court
Harare High Court
Date
28 July 2010
Citation
HH 165-10
Neutral Citation
[2010] ZWHH 165
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Property LawAdministrative LawLand Rights
Keywords
Land Reform and Resettlement ProgrammeModel A2 Phase 11Offer LettersProvisional OrderWant of ProsecutionAbuse of Process
Tags
Land ReformResettlement ProgrammeOffer LettersLand Disputes
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents' failure to set down the matter for hearing warranted dismissal for want of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents' failure to set down matter after obtaining provisional order"}
- {"issue_text":"Whether the respondents were using the provisional order to prolong unlawful occupation","issue_type":"mixed","dispositive":"yes","related_facts":"Withdrawn offer letters and failure to pursue final order"}
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background
Facts of the Case
Background
The first two respondents were issued with offer letters for subdivisions 7 and 10 of The Grove farm under the Land Reform and Resettlement Programme. The fifth respondent withdrew these offer letters and offered the same land to the applicant. The first two respondents obtained a provisional order but failed to pursue the final order, leading to dismissal for want of prosecution.
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