Tendayi Mberi v Simon Nyabadza and Others

HH 241-13

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Case Details

Court

Harare High Court

Date

7 August 2013

Citation

HH 241-13

Neutral Citation

[2013] ZWHH 241

Outcome

unknown

Case Type

Application

Bench

Presiding

Mtshiya J

Full Bench

Mtshiya J

Areas of Law

Property lawAdministrative lawLand reform

Keywords

Offer letterLand reformInterdictEvictionSandibloom farmManicaland

Key Issues

{"issue_text":"Whether first and second respondents are barred for failure to file heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"First and second respondents represented by legal practitioner; failed to file heads within 10 days of service"}
{"issue_text":"Whether applicant is entitled to interdict against interference with occupation","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant holds valid offer letter; respondents occupy same land"}
{"issue_text":"Whether court can order eviction of persons holding offer letters","issue_type":"law","dispositive":"yes","related_facts":"Both parties hold offer letters for same property"}

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background

Facts of the Case

Background

The applicant was offered land under the Land Reform Programme in 2007. The Minister purported to withdraw this offer in 2008 and allocated the same land to the first and second respondents. The withdrawal was declared null and void by court order in 2011. The applicant now seeks an interdict and eviction order against the respondents who occupy the land.

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