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Constitutional Court
TBIC Investments (Private) Limited & Anor v Kennedy Godwin Mangenje & 4 Ors
[2020] ZWCCZ 15
Case Details
Court
Constitutional Court
Date
15 October 2020
Citation
[2020] ZWCCZ 15
Judgment No.
CCZ 15/20
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJGarwe AJCCMakarau AJCC
Areas of Law
Constitutional lawProperty lawLand acquisition
Keywords
Section 16BFormer ConstitutionAgricultural landCompulsory acquisitionLeave to appeal
Tags
Land reformConstitutional jurisdictionLeave to appeal
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Former Constitution of Zimbabwe
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether it is in the interests of justice to grant leave to appeal against the Supreme Court decision","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed on 22 March 2018"}
- {"issue_text":"Whether a constitutional matter was before the Supreme Court","issue_type":"constitutional","dispositive":"yes","related_facts":"Interpretation of section 16B(2) of former Constitution"}
- {"issue_text":"Whether the Supreme Court properly applied section 16B(2) of the former Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Land listed in Schedule 7, errors in description"}
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background
Facts of the Case
Background
The applicants sought leave to appeal to the Constitutional Court against a Supreme Court decision concerning the compulsory acquisition of agricultural land under Zimbabwe's land reform programme. The dispute involved Lot 1 of subdivided farmland that was allegedly acquired by the State in 2000, with complex issues regarding the validity of acquisition notices and subsequent transfer to the first applicant.
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