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Harare High Court

John Mudzimiri and Catherine Nakai Mudzimiri vs Dzingirai Nevhunjere and The Minister of Lands & Rural Resettlement

HH 180-21

Case Details

Court
Harare High Court
Date
25 September 2021
Citation
HH 180-21
Neutral Citation
[2021] ZWHH 180
Outcome
unknown
Case Type
Trial

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawLand RightsEviction
Keywords
EvictionLand RightsLease AgreementAgricultural Land Settlement ActState Land
legislation
Statutes Cited
  • Agricultural Land Settlement Act
  • Constitution of Zimbabwe Amendment (No. 20)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Plaintiffs are entitled to an order for eviction against the first defendant?","issue_type":"law","dispositive":"yes","related_facts":"Valid lease agreement, unauthorized occupation"}
  • {"issue_text":"Whether or not 1st Defendant occupies Plot 11 at Danbury Park Farm?","issue_type":"fact","dispositive":"yes","related_facts":"House location, survey results"}
  • {"issue_text":"Whether or not the Plaintiffs have an offer letter from the State concerning 31.8600 hectares?","issue_type":"law","dispositive":"yes","related_facts":"Initial offer letter, lease agreement validity"}
  • {"issue_text":"Whether or not first defendant is entitled to compensation for infrastructure development?","issue_type":"law","dispositive":"yes","related_facts":"Who installed electricity equipment"}
  • {"issue_text":"Whether or not Minister should be cited in the case?","issue_type":"procedural","dispositive":"yes","related_facts":"Government documents, state land"}
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background
Facts of the Case

Background

Plaintiffs, husband and wife, obtained lease rights to Lot 11 of Danbury Park Estate in 2013. First defendant occupied a house on this land without permission, claiming rights as a war veteran and miner. Plaintiffs sought eviction order. Court found for plaintiffs, ordering eviction within 48 hours and costs on higher scale due to defendant's dilatory tactics.
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