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Harare High Court
Forrester Estate (Private) Limited v Lovemore Makunun'unu and The Minister of Lands, Land Reform and Resettlement N.O
HH 222-10
Case Details
Court
Harare High Court
Date
16 September 2010
Citation
HH 222-10
Neutral Citation
[2010] ZWHH 222
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Property LawLand LawCivil Procedure
Keywords
SpoliationLand acquisitionConstitutional Amendment ActExecution pending appealFarming operations
Tags
SpoliationLand AcquisitionExecution Pending Appeal
legislation
Statutes Cited
- Constitution of Zimbabwe
- Land Acquisition Act
- Constitutional Amendment Act No. 17
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the farm was acquired under Constitutional Amendment Act No. 17","issue_type":"law","dispositive":"yes","related_facts":"Constitutional Amendment Act, Schedule 7, Section 16B of Constitution"}
- {"issue_text":"Whether offer letter entitled respondent to occupation before lawful eviction","issue_type":"law","dispositive":"yes","related_facts":"Offer letter, spoliation law, conflicting court decisions"}
- {"issue_text":"Prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Conflicting judgments on spoliation, Supreme Court pending decision"}
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background
Facts of the Case
Background
Applicant operates farming at Frogmore Farm in Mazoe. First respondent occupied part of farm on 13 May 2007 based on offer letter from second respondent. Court granted applicant's spoliatory relief claim on 29 July 2009. First respondent appealed to Supreme Court on 30 July 2009. Present application seeks leave to execute pending appeal.
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