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Bulawayo High Court
HJ Vorster (Private) Limited v Save Safaris (Private) Limited & 2 Ors
HB 90-23
Case Details
Court
Bulawayo High Court
Date
1 June 2023
Citation
HB 90-23
Neutral Citation
[2023] ZWHB 90
Outcome
unknown
Case Type
Trial
Bench
Presiding
KABASA J
Full Bench
KABASA J
Areas of Law
Property LawReal Rights
Keywords
rei vindicatioevictiondeed of transferlease expirationhunting quota
Tags
evictionrei vindicatioland ownershiplease agreementhunting concession
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does plaintiff have valid title to sue for rei vindicatio?","issue_type":"mixed","dispositive":"yes","related_facts":"Deed of Transfer 5251/92, extant court orders"}
- {"issue_text":"Does 1st defendant have right of retention after lease expiry?","issue_type":"law","dispositive":"yes","related_facts":"Lease expired, no renewal application, quota reallocated"}
- {"issue_text":"Should punitive costs be awarded?","issue_type":"procedural","dispositive":"no","related_facts":"1st defendant genuinely defended case"}
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background
Facts of the Case
Background
Plaintiff, holder of title to Mapari Ranch under Deed of Transfer 5251/92, sought eviction of 1st defendant who occupied the ranch under a lease with 2nd defendant. The lease expired on 31 December 2022 without renewal. Plaintiff obtained prior court orders declaring government's compulsory acquisition of the ranch null and void.
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