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Harare High Court
George Chikwava v Phineas Makombe and Minister of Lands and Rural Resettlement and Zimbabwe Lands Commission
HH 842-17
Case Details
Court
Harare High Court
Date
8 December 2017
Citation
HH 842-17
Neutral Citation
[2017] ZWHH 842
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chitakunye J
Full Bench
Chitakunye J
Areas of Law
Administrative lawProperty lawLand acquisition law
Keywords
Land acquisitionEvictionInterdictAgricultural landOffer letterNotice of eviction
Tags
Land acquisitionEvictionAgricultural landInterdict
legislation
Statutes Cited
- Land Acquisition Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Land Acquisition Act
- Gazetted Land (Consequential Provisions) Act
- Gazetted Land (Consequential Provisions) Act
- Administrative Justice Act
- Administrative Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has established a prima facie right to protection against eviction","issue_type":"law","dispositive":"yes","related_facts":"Applicant's occupation without State authority, farm acquisition in 2004"}
- {"issue_text":"Whether applicant will suffer irreparable harm if interdict not granted","issue_type":"fact","dispositive":"no","related_facts":"Applicant has cattle and equipment on farm"}
- {"issue_text":"Whether balance of convenience favours granting interim relief","issue_type":"mixed","dispositive":"no","related_facts":"Both parties' circumstances, 90-day notice period"}
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background
Facts of the Case
Background
The applicant sought an interdict to prevent his eviction from Bonnyvale Farm where he had been farming since 2015 after purchasing cattle and equipment from the former owner. The first respondent had obtained an offer letter for the farm from the Minister of Lands and served the applicant with a notice of eviction. The farm had been gazetted for acquisition by the State in 2004.
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