ASHER v MINISTER OF STATE FOR LANDS, LAND REFORM AND RESETTLEMENT & ANOR 2009 (1) ZLR 153 (H)
Citation | 2009 (1) ZLR 153 (H) |
Case No | Judgment No. HH-34-09 |
Court | High Court, Harare |
Judge | Chatukuta J |
Heard | 18 February 2009 |
Judgment | 26 February 2009 |
Counsel | G Nyandoro for the applicant |
Case Type | Chamber application |
Annotations | No case annotations to date |
Flynote
Land – land compulsorily acquired by State – occupation by former owner of farm or any part thereof – eviction of former owner or occupier follows only upon his conviction – recipient of offer letter from the State – recipient not entitled to take up occupation of farm until former owner or occupier has been evicted in terms of a court order – Gazetted Lands (Consequential Provisions) Act [Chapter 20:28] – s 3(3)
Property and real rights – spoliation order – application for – what applicant is required to prove – locus standi – ownership or lawfulness of possession not relevant to question of locus standi
Property and real rights – spoliation order – unlawful occupier of land – person occupying land which had been acquired by State – person receiving offer letter from State in respect of such land – not entitled to deprive occupier of possession – need for occupier to be lawfully evicted before holder of offer letter entitled to occupy property
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