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Harare High Court
Mango Ishmael & 11 Others v Community Technology Development Organisation
HH 622-17
Case Details
Court
Harare High Court
Date
20 July 2017
Citation
HH 622-17
Neutral Citation
[2017] ZWHH 622
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa JMwayera J
Areas of Law
Property LawInterdict Law
Keywords
Prohibitory interdictLease agreementCommunal landTraditional leadersMagistrates court
Tags
InterdictLease AgreementCommunal LandTraditional Leaders Act
legislation
Statutes Cited
- Traditional Leaders Act
- Communal Land Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent established a clear right to the land","issue_type":"mixed","dispositive":"yes","related_facts":"Lease agreement, occupation, development"}
- {"issue_text":"Whether respondent suffered injury warranting interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Invasion by appellants, crop planting"}
- {"issue_text":"Whether traditional leaders' non-consultation invalidates lease","issue_type":"procedural","dispositive":"no","related_facts":"Traditional leaders' letters, Section 26 Traditional Leaders Act"}
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background
Facts of the Case
Background
The respondent organization entered into a lease agreement with Uzumba Maramba Pfungwe Zvataida Rural District Council for 20 hectares of communal land. After developing the land, the appellants invaded and began planting crops, claiming the land was theirs. The respondent obtained a prohibitory interdict from the Magistrates Court, which the appellants appealed.
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