Judgment No. SC 22/18
Civil Appeal No. SC 291/16
absence of an order for the eviction of the appellant, the act of moving onto the farm
was unlawful and in contempt of court. The appellant then prayed for confirmation of
the provisional order and specifically stated that “an order of this Honourable Court is
necessary in order to prevent self-help.”
[36]
In its heads of argument, the appellant conceded that the farm had indeed been acquired
by the Government.
It then sought alternative relief. It also argued that it had
established the clear right to remain in peaceful occupation of the property until such
time as an order of court was issued for its eviction. The appellant then proceeded to
cite a number of authorities in which it sought to argue that it had the right to remain in
occupation and that the first respondent had in fact despoiled it of its possession of the
farm.
REQUIREMENTS OF AN INTERDICT NOT ESTABLISHED
[37]
Once it had been accepted that the farm had been lawfully acquired by the State and
that full title in the property now vested in the Government, interdictory relief could not
have been granted.
[38]
In Airfield Investments (Pvt) Ltd v The Minister of Lands, Agriculture and Rural
Resettlement & Others 2004 (1) ZLR 511(S) 518 A-B, MALABA JA, as he then was,
stated:
“The appellant was not in a position to show the existence of a prima facie right
of ownership in the land … because at the time it applied for interim relief all
the rights of ownership it had in the land had been taken by means of an order
of acquisition and vested in the acquiring authority. When the appellant lodged
the application for the interim relief before the court a quo the acquisition of the
land by the State was a fait accompli, all rights of ownership having been
extinguished on its part …”
15
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