Tasara Muguti and Ottilia Kudzai Muguti v The Minister of Lands and Rural Resettlement and The Attorney General

HH 94-21

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Case Details

Court

Harare High Court

Date

9 March 2021

Citation

HH 94-21

Neutral Citation

[2021] ZWHH 94

Outcome

unknown

Case Type

Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Administrative LawContract Law

Keywords

Administrative Justice ActContractual RelationshipLease AgreementLand AllocationMinisterial Powers

Key Issues

{"issue_text":"Whether the Minister's cancellation of the lease should be reviewed under administrative law or challenged under contract law","issue_type":"law","dispositive":"yes","related_facts":"Minister allocated land as administrative authority but cancelled as contracting party; parties signed lease agreement"}

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background

Facts of the Case

Background

Husband and wife applicants sought to review the Minister's cancellation of their 99-year lease agreement under the Administrative Justice Act. The Minister opposed, arguing the cancellation was as a contracting party, not as an administrative authority, and the matter should be governed by contract law.

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