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Harare High Court
Hector Dalton Ludick (Senior) and Hector Dalton Ludick (Junior) and Jennifer Patricia Ludick v Minister of Lands & Rural Resettlement N.O. and C Samuriwo and The Attorney General N.O.
HH 569-18
Case Details
Court
Harare High Court
Date
13 September 2018
Citation
HH 569-18
Neutral Citation
[2018] ZWHH 569
Outcome
unknown
Case Type
Application
Bench
Presiding
Muzenda J
Full Bench
Muzenda J
Areas of Law
Administrative lawLand lawConstitutional law
Keywords
Offer letterLand allocationAdministrative irrationalityRes judicataProcedural fairness
Tags
Land reformOffer letter withdrawalAdministrative review
legislation
Statutes Cited
- Agricultural Land Settlement Act
- Administrative Justice Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the withdrawal of the first applicant's offer letter was irrational and grossly unreasonable","issue_type":"administrative","dispositive":"yes","related_facts":"12 years productive utilization, no evidence of original allottee's offer letter"}
- {"issue_text":"Whether the withdrawal constituted administrative res judicata following HC 5848/17","issue_type":"procedural","dispositive":"no","related_facts":"Previous court invalidation of similar withdrawal"}
- {"issue_text":"Whether applicants were afforded opportunity to make representations","issue_type":"procedural","dispositive":"no","related_facts":"Correspondence exchanged between parties"}
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background
Facts of the Case
Background
The applicants, who had been farming on Strathlone farm since 2006 under a valid offer letter, challenged the Minister of Lands' decision to withdraw their offer letter in September 2017 and reallocate the land to the second respondent, allegedly the "original allottee" from 2004.
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