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Supreme Court
TBIC Investments (Private) Limited & Paul Isau Upanyu Chidawanyika v Kennedy Mangenje & 5 Ors
SC 13/18
Case Details
Court
Supreme Court
Date
1 March 2018
Citation
SC 13/18
Neutral Citation
[2018] ZWSC 13
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GWAUNZA JA
Author
BHUNU JA
Full Bench
GWAUNZA JAGOWORA JABHUNU JA
Areas of Law
Property lawConstitutional lawLand acquisition
Keywords
Land reform programmeCompulsory acquisitionSection 16B ConstitutionOffer letterState land
Tags
Land reformCompulsory acquisitionState landAgricultural land
legislation
Statutes Cited
- Constitution of Zimbabwe (as amended to 2005)
- Land Acquisition Act
- Agricultural Land Settlement Act
- Gazetted Land (Consequential Provisions) Act
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the disputed land was validly acquired by the State through compulsory acquisition","issue_type":"legal","dispositive":"yes","related_facts":"Land gazetted in 2000 and 2003; listed in Schedule 7; section 16B Constitution"}
- {"issue_text":"Whether TBIC Investments obtained valid title to the land","issue_type":"legal","dispositive":"yes","related_facts":"Purchase occurred after gazetting; seller had lost ownership rights"}
- {"issue_text":"Whether the first respondent's offer letter is valid and enforceable","issue_type":"legal","dispositive":"yes","related_facts":"State acquired land; offer letter issued by acquiring authority"}
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background
Facts of the Case
Background
The dispute concerns a piece of land in Goromonzi District known as the Remaining Extent of Stuhm measuring 583.1360 hectares. The land was originally owned by Cecil Michael Reimer who subdivided it into three lots. Lot 1 was sold to TBIC Investments (Private) Limited in 2009, but the Government had already issued preliminary notices to compulsorily acquire the entire original property under the Land Reform Programme.
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