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SPENCER & ANOR v MINISTER OF LANDS & ORS 2010 (1) ZLR 144 (H)

2010 (1) ZLR p144

Citation

2010 (1) ZLR 144 (H)

Case No

Judgment No. HB-11-10

Court

High Court, Bulawayo

Judge

Kamocha J

Heard

25 January 2010; 3 February 2010

Judgment

25 February 2010

Counsel

Ms N Ncube, for the applicants
S S Mazibisa, for the third respondent
No appearance for the first and second respondents

Case Type

Opposed application

Annotations

Link to case annotations

Flynote

Property and real rights – spoliation order – entitlement to – unlawful occupier of land – person occupying land which has been acquired by the State – another person receiving offer letter from the State in respect of such land – such person not entitled to deprive occupier of possession – need for occupier to be lawfully evicted before holder of offer letter entitled to occupy property

Property and real rights – ownership – vindicatory action – need for applicant to establish ownership – action not available until ownership obtained

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