Judgment No. SC 13/18
Civil Appeal No. SC 469/13
Ref. HC 601/11
Ref. HC 9527/11
REPORTABLE
(1)
(10)
TBIC
INVESTMENTS (PRIVATE) LIMITED (2) PAUL ISAU
UPENYU CHIDAWANYIKA
v
(1) KENNEDY MANGENJE (2) MINISTER OF LANDS (3) RURAL
DEVELOPMENT (4) THE REGISTRAR OF DEEDS (5) ATTORNEY
GENERAL OF ZIMBABWE (6) THE COMMISSIONER OF POLICE
SUPREME COURT OF ZIMBABWE
GWAUNZA JA, GOWORA JA & BHUNU JA.
HARARE, 31 JANUARY 2017 & MARCH 1, 2018
T. Mpofu, for the appellants
S.M. Hashiti, for the first respondent
E. T. Matinenga, for the second respondent
BHUNU JA:
This is a hotly contested appeal against the whole judgment of
the High Court sitting at Harare, and delivered on 30 October 2013. The epicentre of the dispute
is a certain piece of land in the Goromonzi District known as the Remaining Extent of Stuhm
measuring 583, 1360 hectares in extent registered in the name of TIBIC INVESTMENTS
(PVT) LTD under Deed of Transfer 1724/2009. TIBIC INVESTIMENTS (PVT) LTD is an
indigenous company in the sense that its shareholders and directors are indigenous citizens of
this country. The historical background and factual basis of the case is by and large common
cause.
The genesis of the dispute is that in 1970 the late Paul Michael Henry Reimer
obtained ownership of a certain piece of land in the District of Goromonzi known as the
Remaining extent of Stuhm measuring 1 074.7410 hectares in extent, under deed of grant
1