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Harare High Court
Forrester Estate (Private) Ltd v Batsirai Chipembere and 10 Others and The Minister of Lands, Land Reform and Resettlement N.O. and The District Administrator, Mazowe District N.O.
HH 200-2011
Case Details
Court
Harare High Court
Date
4 August 2011
Citation
HH 200-2011
Neutral Citation
[2011] ZWHH 200
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Property lawConstitutional lawInternational arbitration
Keywords
Land acquisitionSpoliationBIPPAICSID arbitrationOffer lettersResettlement
Tags
Land reformSpoliationConstitutional land acquisitionBilateral investment agreement
legislation
Statutes Cited
- Constitution of Zimbabwe
- Arbitration (International Investment Disputes) Act
- Arbitration (International Investment Disputes) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant can claim spoliation when the property has been lawfully acquired by the State","issue_type":"legal","dispositive":"yes","related_facts":"Property acquired under s 16B, respondents hold offer letters"}
- {"issue_text":"Whether it is permissible for the Government to resettle people while international arbitration is pending","issue_type":"legal","dispositive":"no","related_facts":"ICSID arbitration pending since October 2010"}
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background
Facts of the Case
Background
The applicant company, former owner of Elsinora farm in Mazowe district, sought eviction of 10 respondents who were resettled on the property after it was acquired by the State. The property was subject to international arbitration proceedings at ICSID under a bilateral investment agreement between Zimbabwe and Germany.
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