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Harare High Court
Kampion Tawurayi Garikayi and others vs Shereni Fisher and others
HH 428-13
Case Details
Court
Harare High Court
Date
17 July 2013
Citation
HH 428-13
Neutral Citation
[2013] ZWHH 428
Outcome
unknown
Case Type
Opposed application
Bench
Presiding
MAFUSIRE J
Full Bench
MAFUSIRE J
Areas of Law
Property LawLand RightsCivil Procedure
Keywords
Land reform programmeOffer lettersEvictionAgricultural landMurrayfield Farm
Tags
Land reformEvictionOffer lettersAgricultural land
legislation
Statutes Cited
- Agricultural Land Settlement Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether holders of offer letters under the land reform programme have the right to evict occupiers from allocated land","issue_type":"law","dispositive":"yes","related_facts":"Applicants' valid offer letters, respondents' occupation of allocated land"}
- {"issue_text":"Whether the 2005 court order prevented eviction of respondents","issue_type":"law","dispositive":"yes","related_facts":"2005 order allowing respondents to stay \"until lawfully evicted or resettled\""}
- {"issue_text":"Whether respondents had been \"resettled\" within the meaning of the 2005 order","issue_type":"fact","dispositive":"yes","related_facts":"Offer of alternative land to respondents"}
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background
Facts of the Case
Background
Applicants, beneficiaries of Zimbabwe's land reform programme, held valid offer letters for subdivisions of Murrayfield Farm in Murehwa District. Respondents, who were part of an original group of 55 occupiers, refused to vacate the allocated land despite being offered alternative land elsewhere.
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