WASARAWASARA RANCHING (PVT) LTD and THOMAS GARY WARTH v CONSTANCE MUTANDWA and NATIONAL PROSECUTING AUTHORITY

HH 620-18

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Case Details

Court

Harare High Court

Date

10 October 2018

Citation

HH 620-18

Neutral Citation

[2018] ZWHH 620

Outcome

unknown

Case Type

Review

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Criminal LawLand Law

Keywords

Gazetted Land (Consequential Provisions) ActUnlawful OccupationDischarge ApplicationReview

Key Issues

{"issue_text":"Whether the trial magistrate erred in dismissing the application for discharge at the close of the state case","issue_type":"procedural","dispositive":"yes","related_facts":"Whether a prima facie case was established"}
{"issue_text":"Whether the ministerial transfer letter constituted lawful authority under the Gazetted Land (Consequential Provisions) Act","issue_type":"law","dispositive":"yes","related_facts":"The letter dated 28 August 2007 and the applicants' continued occupation"}
{"issue_text":"Whether the High Court should review the magistrate's decision at this interlocutory stage","issue_type":"procedural","dispositive":"no","related_facts":"The criminal trial is ongoing"}

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background

Facts of the Case

Background

The applicants, former owners of a gazetted farm, were criminally prosecuted for unlawful occupation after the fixed vacation date. They sought review of the magistrate's refusal to discharge them, arguing they had lawful authority to remain based on a letter transferring the farm to another ministry, but the court found no lawful authority existed under the statute.

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