DODHILL (PVT) LTD & ANOR v MINISTER OF LANDS AND RURAL RESETTLEMENT & ANOR 2009 (1) ZLR 182 (H)
Citation | 2009 (1) ZLR 182 (H) |
Case No | Judgment No. HH-40-09 |
Court | High Court, Harare |
Judge | Bere J |
Heard | 10 March 2009 |
Judgment | 16 March 2009 |
Counsel | Miss F Mahere, for the applicants |
Case Type | Urgent chamber application |
Annotations | Link to case annotations |
Flynote
Constitutional law – Constitution of Zimbabwe, 1980 – Declaration of Rights – s 16B – farm evictions – remedy of spoliation not removed by s 16B
Practice and procedure – application – urgent application – no standard formula for determining whether or not an application is urgent
Property and real rights – spoliation order – locus standi – unlawful occupier of land – person claiming right to land not entitled to evict occupier without legal process – possession of offer letter does not negate the right of an unlawful occupier to seek a spoliation order
Property and real rights – spoliation order – ownership of property not relevant in an application for such order – lawfulness of possession similarly irrelevant
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