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