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Masvingo High Court
Hortbac (Pvt) Ltd v The Minister of Lands, Agriculture and Rural Resettlement N.O. and James Chiyangwa and Tendai Bonga and Ronald Kituli
HMA 31-20
Case Details
Court
Masvingo High Court
Date
6 July 2020
Citation
HMA 31-20
Neutral Citation
[2020] ZWHMA 31
Outcome
unknown
Case Type
Application
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Property lawConstitutional lawAdministrative law
Keywords
Land acquisitionOffer lettersConstitutional Amendment No. 17Section 291 ConstitutionGlebe Farm
Tags
Land reformAgricultural landConstitutional lawAdministrative court order
legislation
Statutes Cited
- Land Acquisition Act
- Constitution of Zimbabwe 2013
- Constitutional Amendment No. 17 of 2005
- Gazette Land (Consequential Provisions) Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Administrative Court Order of 2003 allocating 142.38 hectares to applicant remains valid despite Constitutional Amendment No. 17","issue_type":"constitutional","dispositive":"yes","related_facts":"2003 court order, subsequent offer letters to other respondents"}
- {"issue_text":"Whether section 291 of the 2013 Constitution protects the applicant's rights under the 2003 court order","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's occupation of land, 2003 court order"}
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background
Facts of the Case
Background
The applicant, former owner of Glebe Farm, obtained an Administrative Court Order in 2003 allocating it 142.38 hectares while the government acquired 526.81 hectares. The government later allocated the same 142.38 hectares to the 2nd-4th respondents through offer letters, prompting this application to declare those allocations unlawful.
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