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Harare High Court
Milrite Farming (Private) Limited v Enock Porusingazi and 6 Others
HH 81-10
Case Details
Court
Harare High Court
Date
14 May 2010
Citation
HH 81-10
Neutral Citation
[2010] ZWHH 81
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Uchena J
Full Bench
Uchena J
Areas of Law
Property lawAdministrative lawCivil procedure
Keywords
Gazetted landEvictionStay orderComplianceCourt order enforcement
Tags
Land acquisitionFarm evictionStay of execution
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
- Gazetted Land (Consequential Provisions) Act
- Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can obtain orders allowing re-entry to farm when prior stay order was not implemented","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to ensure magistrate complied with KUDYA J's order"}
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background
Facts of the Case
Background
The applicant, former owner of Stilfontein farm, was convicted and evicted for refusing to vacate after land acquisition. It obtained a stay order from KUDYA J but failed to ensure implementation. The applicant then sought orders allowing re-entry to harvest crops and attend to livestock, which the court dismissed due to non-compliance with the prior stay order.
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