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Harare High Court
Harland Brothers (Pvt) Limited and Raymond Finaughty v The Minister of Lands and Rural Resettlement and Mrs Winnie Mushipe
HH 6-2010
Case Details
Court
Harare High Court
Date
4 January 2010
Citation
HH 6-2010
Neutral Citation
[2010] ZWHH 6
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUSAKWA J
Full Bench
MUSAKWA J
Areas of Law
Property LawSpoliationLand Reform
Keywords
spoliation orderunlawful evictiongazetted landdue process
Tags
spoliationevictiongazetted landagricultural land
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
- Gazetted Land (Consequential Provisions) Act
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a spoliation order should be granted where applicants were forcibly evicted from gazetted land","issue_type":"mixed","dispositive":"yes","related_facts":"Forcible eviction on 24 December 2009, pending criminal proceedings"}
- {"issue_text":"Whether the Gazetted Land (Consequential Provisions) Act ousts the law on spoliation","issue_type":"law","dispositive":"no","related_facts":"Applicants facing prosecution under the Act"}
- {"issue_text":"Whether an interdict should be granted to protect applicants' access to the land","issue_type":"mixed","dispositive":"no","related_facts":"Contract farming arrangements, equipment seizure"}
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background
Facts of the Case
Background
The applicants, former owners of Manda Estate, sought a spoliation order after being forcibly evicted from the remainder of the estate by persons allegedly acting on behalf of the second respondent. The eviction occurred while criminal proceedings under the Gazetted Land (Consequential Provisions) Act were pending.
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