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MGWACO FARM (PVT) LTD & ANOR v PASI & ORS 2003 (2) ZLR 478 (H)

2003 (2) ZLR p478

Citation

2003 (2) ZLR 478 (H)

Case No

Judgment No. HH-188-03

Court

High Court, Harare

Judge

Chinhengo J

Heard

15 September 2003; 19 September 2003; 29 October 2003

Judgment

17 December 2003

Counsel

E T Matinenga, for the applicants
C G Dube, for the first respondent
D D Chirindo, for the third respondent

Case Type

Civil application

Annotations

Link to case annotations

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 16 — acquisition of rural land for resettlement — requirement to give notice to person having an "interest" in the land — only a real interest is protected — lessee in terms of unregistered lease — not a real interest

Land — acquisition — notice of — requirement for acquiring authority to give notice to person having an "interest" in the land — only a real interest is protected — lessee in terms of unregistered lease — not a real interest

Land — agricultural land — allocation of lease over land — requirement that application for lease be referred to Agricultural Land Settlement Board — failure to refer such an application — allocation invalid

Property and real rights — land — interest in — meaning of — need for owner's dominium to be diminished

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