KHB Estates (Pvt) Limited and Kenneth Ronald Bartholomew v Felix Pambukani and Mr Ndokera – Provincial Magistrate Chegutu and The Minister of Lands, Land Reform and Resettlement and The Messenger of Court N.O.

Key Issues

• {"issue_text":"Whether the certificate of urgency complied with court rules given it referred to legal practitioner's ejectment rather than applicants'","issue_type":"procedural","dispositive":"yes","related_facts":"Certificate dated 19 August 2011 referred to \"my ejectment\" not \"applicants' ejectment\""}
• {"issue_text":"Whether applicants had locus standi to seek restoration when they had no lawful authority to occupy property","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants had no offer letter, permit or lease as required by Gazetted Land Act"}
• {"issue_text":"Whether matter was urgent given ejectment had already occurred","issue_type":"procedural","dispositive":"no","related_facts":"Applicants had already been ejected when amended relief sought restoration"}

Background