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Harare High Court
Getthrough Investments v Minister of Lands, Agriculture Water and Rural Resettlement & 6 Ors
HH 162-22
Case Details
Court
Harare High Court
Date
16 March 2022
Citation
HH 162-22
Neutral Citation
[2022] ZWHH 162
Outcome
unknown
Case Type
Application
Bench
Presiding
Bachi-Mzawazi J
Full Bench
Bachi-Mzawazi J
Areas of Law
Property lawAdministrative lawConstitutional law
Keywords
Land reformCompulsory acquisitionDeclaratory reliefIndigenous companiesS.I. 62/2020
Tags
Land acquisitionCompulsory acquisitionDeclaratory orderIndigenous ownership
legislation
Statutes Cited
- High Court Act
- Lands Acquisition Act
- Gazetted Lands (Consequential Provisions) Act
- Constitution of Zimbabwe Amendment Act No.17
- Administration of Justice Act
- Constitution of Zimbabwe Amendment Act No.20
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has satisfied the requirements for a declaratory order under s 14 of the High Court Act","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant lost title to the property; application for delisting pending"}
- {"issue_text":"Whether the court has jurisdiction to determine land acquisition disputes given Constitutional Amendment provisions","issue_type":"constitutional","dispositive":"no","related_facts":"Farm acquired under land reform program; s 16B of Constitution"}
- {"issue_text":"Whether the applicant has any existing, future or contingent rights that can be declared","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant lost title; awaiting delisting decision"}
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background
Facts of the Case
Background
Getthrough Investments, a company wholly owned by indigenous Zimbabweans, owned Lot 3 Mbebi Jersey Farm, Mazowe under Deed of Transfer 6687/20. The farm was compulsorily acquired by the State in 2001 and 2005 under land reform programs. The company applied for delisting under S.I. 62/2020 but received no response, leading to this application for declaratory relief.
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