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Harare High Court
Nixon Katazo Misi v Zimbabwe National Army
HH 379-2012
Case Details
Court
Harare High Court
Date
25 September 2012
Citation
HH 379-2012
Neutral Citation
[2012] ZWHH 379
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MATHONSI J
Full Bench
MATHONSI J
Areas of Law
Administrative lawProperty lawInterdict remedies
Keywords
CantonmentDefence ActLand acquisitionInterdict requirementsStatutory instrument
Tags
Cantonment declarationLand ownership disputeInterdict application
legislation
Statutes Cited
- Defence Act
- Defence Act
- Communal Lands Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has established a clear right entitling him to an interdict against the respondent's fencing operations","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's purchase of land via Deed of Cession; Respondent's declaration of cantonment under statutory instrument"}
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background
Facts of the Case
Background
The applicant purchased stand number 2 The Range Kadoma from Kadoma Rural District Council in 2005 and obtained a Deed of Cession. In September 2012, the Zimbabwe National Army began fencing the area after declaring it a cantonment under SI 61/2012. The applicant brought an urgent application seeking an interdict to stop the fencing, claiming ownership rights.
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