S v MUNOTENGWA & ORS 2014 (1) ZLR 287 (H)
Citation | 2014 (1) ZLR 287 (H) |
Case No | Judgment No. HH-134-14 |
Court | High Court, Harare |
Judge | Muremba J |
Heard | 12 March 2014 |
Judgment | 12 March 2014 |
Counsel | Details not supplied |
Case Type | Criminal review |
Annotations | No case annotations to date |
Flynote
Constitutional law – Constitution of Zimbabwe 2013 – fundamental human rights – freedom from arbitrary eviction (s 74) – effect on eviction following conviction for unlawfully occupying gazetted land – requirement for court to take all relevant factors into account – need to balance out opposing claims
Land – gazetted land – occupation – eviction following conviction for unlawfully occupying gazetted land – no time limit specified in legislation – requirement for court to take all factors into account when ordering eviction – such factors including Constitutional requirements to protect persons from being evicted from homes – eviction order giving accused time to harvest crops and relocate
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