CHIRIKURE & ORS v KENMAST FARMING & ORS 2005 (2) ZLR 372 (H)

2005 (2) ZLR p372

Flynote

Constitutional law — Constitutional Amendment Act (No 17) — acquisition of land which had taken place before the introduction of the Act — such acquisition not invalidated — eviction — right to evict accruing before the introduction of the Act— Land Acquisition Act [Chapter 20:10] — s 9(1)(b) — not rendered nugatory by introduction of the Constitutional Amendment Act

Land — acquisition — compulsory acquisition of farming land — acquisition notice issued before coming into effect of constitutional amendment No. 17 — remains in force — former owner's rights limited to those set out in Land Acquisition Act

Land — acquisition — offer letters — such letters not constituting grant of a lease — cannot be impugned on the grounds of a failure to comply with s 9 of the Agricultural Land Settlement Act [Chapter 20:10]

Practice and procedure — parties — joinder — different respondents having conflicting interests — not a reason why such respondents cannot be joined

Practice and procedure — parties — locus standi — eviction — applicants not in possession of a farm — applicants however in possession of offer letter — no locus standi to evict the respondents — applicants having locus standi to apply for order declaring the offer letters valid