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Bulawayo High Court
Ernest Beseti and Mandla Masango and Godwell Chifamba and Shepherd Taruvinga and Innocent Ncube v Alister Michael Fletcher and Troy Robert Maidwell and The Minister of Lands, Agriculture & Rural Resettlement N.O.
HB 178/21
Case Details
Court
Bulawayo High Court
Date
23 September 2021
Citation
HB 178/21
Neutral Citation
[2021] ZWHB 178
Outcome
unknown
Case Type
Application
Bench
Presiding
MOYO J
Full Bench
MOYO J
Areas of Law
Property lawCivil procedure
Keywords
Locus standiIllegal settlersRescissionEviction orderUmvutshwa farm
Tags
Land disputeLocus standiRescission of judgmentEviction
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have locus standi to bring rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants are settlers declared illegal by extant eviction order"}
- {"issue_text":"Whether the land is urban land governed by SI 212/99","issue_type":"procedural","dispositive":"no","related_facts":"Respondents' second point in limine"}
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background
Facts of the Case
Background
Applicants, who are settlers on Umvutshwa farm, sought rescission of a 2008 High Court judgment declaring the land not subject to acquisition. The 1st and 2nd respondents raised points in limine challenging applicants' locus standi, arguing that an extant Magistrates' Court eviction order against the settlers rendered them lacking standing to pursue the rescission application.
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