Kazingizi v Samuel & Ors (HC 707 of 2014) [2015] ZWHHC 317 (26 March 2015)

Kazingizi v Samuel & Ors (HC 707 of 2014) [2015] ZWHHC 317 (26 March 2015)

The defendants had no legal right to remain on the farm as they lacked any permit, offer letter, or lease, and the plaintiff's offer letter was valid and conferred exclusive occupation rights; thus, the plaintiff was entitled to evict the defendants.

Citation
[2015] ZWHHC 317
Parties
Plaintiff: Penias Kazingiz; Defendant: Jonas Samuel; Defendant: Cleopas Mudzimu; Defendant: Chrispen Chipinga; Defendant: Tawanda Museredza; Defendant: Oliver Kaseke; Defendant: Enet Jimu; Defendant: Nashington Kambangu; Defendant: Mareta Mostaff; Defendant: Kenias Matemayaka; Defendant: Sabora Sabora; Defendant: Trust Mudzinga; Defendant: Aron Simon; Defendant: Julius Museredza; Defendant: Trymore Chimupaka; Defendant: Getrude Simende; Defendant: Shorai Kwangwari; Seventeenth Defendant: Minister of Lands, Land Reform and Rural Resettlement
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
26 March 2015
Case Number
HC 707 of 2014
Procedural Posture
Civil Trial / Pre Trial Conference and Final Order
Outcome
Plaintiff's claim for eviction granted with transitional arrangements.
Legal Topics
Eviction, Offer Letter Validity, Occupation of Agricultural Land, Land Reform, Pre Trial Conference Procedure
Source Language
English
Land Law Civil Procedure Eviction Offer Letter Validity Occupation of Agricultural Land Land Reform Pre Trial Conference Procedure

Case Brief

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Parties

Penias Kazingiz

Plaintiff

Jonas Samuel

Defendant

Cleopas Mudzimu

Defendant

Chrispen Chipinga

Defendant

Tawanda Museredza

Defendant

Oliver Kaseke

Defendant

Enet Jimu

Defendant

Nashington Kambangu

Defendant

Mareta Mostaff

Defendant

Kenias Matemayaka

Defendant

Sabora Sabora

Defendant

Trust Mudzinga

Defendant

Aron Simon

Defendant

Julius Museredza

Defendant

Trymore Chimupaka

Defendant

Getrude Simende

Defendant

Shorai Kwangwari

Defendant

Minister of Lands, Land Reform and Rural Resettlement

Seventeenth Defendant

Procedural Posture

Civil Trial / Pre Trial Conference and Final Order

Legal Issues

  1. 1 Whether the defendants have legal right to remain on the farm after issuance of an offer letter to the plaintiff
  2. 2 Whether the plaintiff is entitled to evict the defendants from the farm

Ratio Decidendi

The defendants had no legal right to remain on the farm as they lacked any permit, offer letter, or lease, and the plaintiff's offer letter was valid and conferred exclusive occupation rights; thus, the plaintiff was entitled to evict the defendants.

Court Disposition

Plaintiff's claim for eviction granted with transitional arrangements.

Orders

  • Defendants allowed to remain on the farm up to 17 April 2015.
  • Defendants may negotiate with plaintiff to become his workers in the interim.