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Harare High Court

Kennedy Godwin Mangenje v TBIC Investments (Private) Limited & 4 Others and Kennedy Godwin Mangenje v Minister of Lands & Rural Resettlement & 3 Others

HH 377-13

Case Details

Court
Harare High Court
Date
30 October 2013
Citation
HH 377-13
Neutral Citation
[2013] ZWHH 377
Outcome
unknown
Case Type
Application

Bench

Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Property lawConstitutional lawAdministrative law
Keywords
Land acquisitionSection 16B ConstitutionOffer letter withdrawalTBIC InvestmentsRemaining Extent of StuhmGoromonzi district
Tags
Land reformConstitutional amendmentAgricultural landOffer letterDeed of transfer
legislation
Statutes Cited
  • Constitution of Zimbabwe (as amended by Constitutional Amendment (No 17) Act 2005)
  • Land Acquisition Act
  • Administrative Justice Act
  • Deeds Registries Act
  • Agricultural Land Resettlement Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Minister's withdrawal of the offer letter violated the audi alteram partem rule and Administrative Justice Act","issue_type":"procedural","dispositive":"yes","related_facts":"Withdrawal letter dated 24 June 2011; applicant's representations dated 30 June 2011; no prior hearing afforded"}
  • {"issue_text":"Whether the property was validly acquired by the State under section 16B of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Property listed in Schedule 7; GN 405A/2000 never withdrawn; endorsement made on 3 November 2005"}
  • {"issue_text":"Whether TBIC's transfer under deed 1724/2009 was valid","issue_type":"law","dispositive":"yes","related_facts":"Transfer occurred in 2009 after State acquisition; original deed with endorsement disappeared; registrar stated transfer was irregular"}
  • {"issue_text":"Whether applicant has locus standi to seek eviction","issue_type":"law","dispositive":"no","related_facts":"Holder of offer letter; not registered owner; seeking eviction of TBIC and Chidawanyika"}
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background
Facts of the Case

Background

The applicant, an indigenous farmer who lost his Guernsey farm to compulsory acquisition, was offered the Remaining Extent of Stuhm property in Goromonzi district through an offer letter dated 7 August 2006. TBIC Investments claimed ownership through a 1999 purchase agreement and 2009 deed of transfer, having leased the property to Chidawanyika since 2003. The Minister withdrew the offer letter in June 2011, leading to consolidated applications challenging the withdrawal and seeking eviction of TBIC and Chidawanyika.
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