Nyamandlovu Farmers Association v Minister of Lands, Agriculture And Rural Settlement and Anor (HC 1969 of 2002) [2001] ZWBHC 120 (31 December 2001)
The court cannot grant the order sought without written heads of argument from both parties; matter postponed for argument.
Source-derived case information.
- Citation
- [2001] ZWBHC 120
- Parties
- Applicant: Nyamandlovu Farmers Association; Respondent: The Minister of Lands, Agriculture & Rural Resettlement; Respondent: The Attorney-General
- Court
- Bulawayo High Court
- Jurisdiction
- Zimbabwe
- Case Number
- HC 1969 of 2002
- Procedural Posture
- Constitutional Application / Interlocutory (postponement for Argument)
- Outcome
- postponed
- Legal Topics
- Invalidity of Legislation, Conflict With Constitution, Land Acquisition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyamandlovu Farmers Association
Applicant
The Minister of Lands, Agriculture & Rural Resettlement
Respondent
The Attorney-General
Respondent
Procedural Posture
Constitutional Application / Interlocutory (postponement for Argument)
Legal Issues
- 1 Whether sections 8, 9 and 10 of the Land Acquisition Act (Chapter 20:10) are invalid for being in conflict with the Constitution of Zimbabwe
Ratio Decidendi
The court cannot grant the order sought without written heads of argument from both parties; matter postponed for argument.
Court Disposition
postponed
Orders
- Matter postponed to 5 September 2002 for argument.
- Costs reserved to the application.
Full Case Text
Judgment text and source record
1 paragraphs
Judgment No. HB 120/2002 Case No. HC 1969/2002 NYAMANDLOVU FARMERS ASSOCIATION versus THE MINISTER OF LANDS, AGRICULTURE & RURAL RESETTLEMENT and THE ATTORNEY-GENERAL IN THE HIGH COURT OF ZIMBABWE CHIWESHE J BULAWAYO Adv. Wernberg for the applicant B Ndove for the respondents Unopposed Matter CHIWESHE J: In this unopposed matter I am asked to declare that sections 8, 9 and 10 of the Land Acquisition Act (Chapter 20:10) made in terms of the Land Acquisition Act No. 6 of 2002 are invalid being in conflict with those sections of the Constitution of Zimbabwe cited in the draft order. In essence I am being asked to state the law. That being the case I would require that both parties prepare and file written heads of argument and set the matter down for hearing within the next seven days. For that reason I am at this stage unable to grant the order sought. Matter postponed to 5 September 2002 for argument. Costs reserved to the application. Coghlan & Welsh applicant’s legal practitioners Cheda & Partners respondent’s legal practitioners