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Harare High Court
Forrester Estate (Private) Limited v M.C.R. Vengesayi and The Minister of Lands in the Office of the President and Cabinet
HH 19-2010
Case Details
Court
Harare High Court
Date
2 February 2010
Citation
HH 19-2010
Neutral Citation
[2010] ZWHH 19
Outcome
unknown
Case Type
Application
Bench
Presiding
Patel J
Full Bench
Patel J
Areas of Law
Property lawConstitutional lawLand reform
Keywords
Spoliation orderLeave to executeOffer letterSection 16BFrogmore Farm
Tags
Land acquisitionSpoliationConstitutional lawAgricultural land
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 5) Act 2005
- Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant is entitled to leave to execute the spoliation order pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"1st respondent reoccupied property after appeal"}
- {"issue_text":"Whether Frogmore Farm was validly acquired by the State under section 16B of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Property listed in Schedule 7, previous acquisition set aside"}
- {"issue_text":"Whether an offer letter entitles occupation before lawful eviction of current occupier","issue_type":"mixed","dispositive":"no","related_facts":"1st respondent has offer letter, applicant lawfully occupies"}
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background
Facts of the Case
Background
The applicant obtained a spoliation order evicting the first respondent from Frogmore Farm. The first respondent appealed and reoccupied the property without consent. The applicant seeks leave to execute the eviction order pending appeal.
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