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Harare High Court
Kaskay Properties (Pvt) Ltd v Minister of Lands and Rural Resettlement and 2 Others
HH 762-17
Case Details
Court
Harare High Court
Date
13 November 2017
Citation
HH 762-17
Neutral Citation
[2017] ZWHH 762
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property lawConstitutional lawAdministrative law
Keywords
Compulsory land acquisitionAgricultural landPeri-urban landSection 72 ConstitutionLand Acquisition Act
Tags
Land acquisitionCompulsory acquisitionAgricultural landPeri-urban land
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment [No 20] Act 2013
- Constitution of Zimbabwe Amendment [No 20] Act 2013
- Land Acquisition Act
- Land Acquisition Act
- High Court Act
- Constitution of Zimbabwe Amendment [No 20] Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Wick falls within the definition of agricultural land under s 72 of the Constitution","issue_type":"mixed","dispositive":"yes","related_facts":"Nature and use of Wick property"}
- {"issue_text":"Whether the applicant proved its case on a balance of probabilities","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence presented in founding affidavit"}
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background
Facts of the Case
Background
The applicant sought a declaratur that a farm called Wick was not agricultural land and that its compulsory acquisition was invalid. The property was compulsorily acquired by the Minister of Lands and Rural Resettlement, first under s 293(1) of the Constitution (which was invalid) and later under s 72 of the Constitution. The applicant failed to prove that Wick was peri-urban rather than agricultural land.
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