Simbarashe Mutsahuni and Bona Mutsahuni v The Minister of Lands Agriculture, Fisheries Water and Rural Resettlement and Washington Matsaira

HH 407-21

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Case Details

Court

Harare High Court

Date

5 August 2021

Citation

HH 407-21

Neutral Citation

[2021] ZWHH 407

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Property LawAdministrative Law

Keywords

land reform programmeoffer letter withdrawalspoliation orderinterim interdictres judicatafunctus officio

Key Issues

{"issue_text":"Whether the court is functus officio due to previous dismissed application","issue_type":"procedural","dispositive":"no","related_facts":"Previous application under HC 2438/21 dismissed"}
{"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Events of 30 June 2021, 14-day delay in approaching court"}
{"issue_text":"Whether applicants have a prima facie right to interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Withdrawn offer letter, pending review applications"}
{"issue_text":"Whether spoliation occurred","issue_type":"mixed","dispositive":"yes","related_facts":"Eviction of guards, bringing equipment onto farm"}

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background

Facts of the Case

Background

The applicants, beneficiaries of the land reform programme, were issued an offer letter in 2017 for a farm measuring 1,804 hectares. After the offer letter was withdrawn and they were given a smaller portion, they sought to interdict the withdrawal and prevent new allocations while review applications were pending. The second respondent allegedly evicted their workers and occupied part of the farm.

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