Ignatius Morgen Chiminya Chombo v Marian Chombo and Minister of Lands, Agriculture, Fisheries, Water and Rural Resettlement

HH 185-24

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Case Details

Court

Harare High Court

Date

15 May 2024

Citation

HH 185-24

Neutral Citation

[2024] ZWHH 185

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Property lawContract lawAdministrative law

Keywords

99-year leaseLand reformLease cancellationRepossessionTripartite agreement

Key Issues

{"issue_text":"Whether the court should exercise its discretion to grant declaratory orders under section 14 of the High Court Act","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought after lease cancellation"}
{"issue_text":"Whether the Minister's cancellation of the lease was unlawful for not complying with clause 22.1","issue_type":"mixed","dispositive":"yes","related_facts":"Cancellation based on divorce settlement and accommodating settlers"}
{"issue_text":"Whether the tripartite agreement precluded cancellation of the lease","issue_type":"law","dispositive":"no","related_facts":"Tripartite agreement signed in March 2018"}

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Facts of the Case

Background

The applicant, a beneficiary of Zimbabwe's land reform program, held a 99-year lease agreement with the Government for Subdivision 1 of Allan Grange Farm. The Minister of Lands gave notice of intention to cancel the lease in June 2021, citing the need to accommodate the applicant's former spouse and other settlers. Despite the applicant's representations, the lease was cancelled in September 2021. The applicant sought declaratory orders that the cancellation was unlawful as it did not comply with clause 22.1 of the lease agreement and was precluded by a tripartite agreement.

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