Frances Mary Bowers & Anor v Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement & 7 Ors

Judgment No. 7/25

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Case Details

Court

Constitutional Court

Date

15 May 2025

Citation

Judgment No. 7/25

Neutral Citation

[2025] ZWCCZ 7

Judgment No.

7/25

Outcome

unknown

Case Type

Application

Bench

Presiding

Makarau JCC

Full Bench

Makarau JCC

Areas of Law

Constitutional lawProperty lawAdministrative law

Keywords

Land acquisitionMandamusJurisdictionCondonationSupreme Court

Key Issues

{"issue_text":"Whether the Supreme Court judgment of 23 May 2023 should be set aside due to jurisdictional uncertainty","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court initiated Rule 29 rescission proceedings citing lack of jurisdiction but did not conclude them"}

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background

Facts of the Case

Background

The applicants owned agricultural land acquired by the State in 2005. After unsuccessful delisting attempts and Land Commission proceedings, they sought a mandamus from the High Court which was dismissed. Their Supreme Court appeal was dismissed with costs, but the Supreme Court later indicated it lacked jurisdiction and initiated rescission proceedings under Rule 29, creating uncertainty about the validity of its judgment.

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