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Harare High Court
Route Toute BV & 3 Ors v Sunspun Bananas (Pvt) Ltd & Anor
HH 27/2010
Case Details
Court
Harare High Court
Date
10 February 2010
Citation
HH 27/2010
Neutral Citation
[2010] ZWHH 27
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Property lawLand acquisitionConstitutional law
Keywords
Plantation cropsLand acquisitionAccessioLocus standi
Tags
Land reformFarm acquisitionPlantation cropsSpoliation
legislation
Statutes Cited
- Constitution of Zimbabwe
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have locus standi to seek interdict after farm acquisition","issue_type":"procedural","dispositive":"yes","related_facts":"Farm acquired by state in 2005, applicants ceased to be owners"}
- {"issue_text":"Whether PATEL J's judgment declared ownership of plantation crops","issue_type":"law","dispositive":"yes","related_facts":"Order used word \"belonging\" not \"belong\""}
- {"issue_text":"Whether certificate of urgency was properly signed","issue_type":"procedural","dispositive":"no","related_facts":"Signed by legal practitioner from same firm"}
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background
Facts of the Case
Background
The applicants, former owners of Fangudu Farm acquired by the state in 2005, sought an interdict to prevent the second respondent from harvesting and selling bananas from the plantation. Previous judgments had granted them rights to plantation crops, but the court found they lost ownership when the farm was acquired by the state.
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