Judgment No. CCZ 3/2016 2
Const. Application No. CCZ 123/13
Province which was then registered in the name of Ridwyn (Pvt) Ltd under Deed of Transfer
No. 8426/2002.
On 10 July 2008 the acquiring authority offered the applicant the right to occupy,
hold and use the whole of Lot 1 of Manyewe Farm measuring 464 hectares. The applicant
accepted the allocation of the piece of land by signing the offer letter containing a number of
terms and conditions. One of the terms of the offer letter was that the Minister of Lands and
Rural Resettlement (“the Minister”) reserved the right to withdraw or change the offer if he
deemed it necessary or if the holder of the offer letter was found to be in breach of any of the
conditions of the offer letter.
In 2013 the Minister decided to subdivide the land allocated to the applicant into
two portions measuring 210 and 254 hectares respectively. On 23 July 2013 the applicant was
advised of the decision to withdraw the offer letter relating to Lot 1 of Manyewe Farm which had
already been subdivided. On the same date an offer letter was sent to the applicant allocating to
her the right to occupy, hold and use for agricultural settlement subdivision 2 of Lot 1 of
Manyewe Farm measuring 210 hectares. Subdivision 1 of Lot 1 of Manyewe Farm measuring
254 hectares was allocated to the second respondent who accepted the offer. The applicant was
served with the notice of withdrawal of the offer letter relating to Lot 1 and the offer letter
relating to subdivision 2 of Lot 1 on 11 November 2013.
The applicant refused to accept the offer letter relating to subdivision 2 of Lot 1 of
Manyewe Farm arguing that the land allocated to her was rocky and not arable land. She