Judgment No. SC 22/18
Civil Appeal No. SC 291/16
REPORTABLE
(17)
J.C. CONOLLY
(1)
AND SONS (PRIVATE) LIMITED
v
R.C. NDHLUKULA (2) THE MINISTER OF LANDS
RURAL RESETTLEMENT
AND
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
1