J.C. CONOLLY     AND    SONS    (PRIVATE)    LIMITED

v

(1)                   R.C. NDHLUKULA     (2)    THE     MINISTER     OF     LANDS     AND     RURAL     RESETTLEMENT

SUPREME COURT OF ZIMBABWE

GARWE JA, HLATSHWAYO JA & GUVAVA JA

BULAWAYO, JULY 31, 2017 & MARCH 15, 2018

J. Tshuma, for the appellant

F. Museta, for the first respondent

GARWE JA

[1]        This is an appeal against the order of the High Court discharging with costs a provisional order granted in favour of the appellant on 17 June 2014.

FACTUAL BACKGROUND

[2]        The appellant was the registered owner of four pieces of land held under a consolidated Deed of Transfer in Bulilima District, Figtree.  The dispute in the court a quo and before this Court concerns one of the pieces of land known as subdivision A of Centenary measuring 1 304,5 hectares.

[3]        On 17 September 2003, the Government of Zimbabwe, in a Government Gazette Extraordinary, listed for compulsory acquisition the property in question together with many others.  In terms of s 16B of the former Constitution (as read with Schedule 7 of