Judgment No. SC 13/18
Civil Appeal No. SC 469/13
Ref. HC 601/11
Ref. HC 9527/11
1262/70. Paul Reimer does not appear to have bought the land as there is no mention of any
money having exchanged hands. His son Cecil Michael Reimer in due course inherited the said
piece of land from his late father under deed of Transfer 3032/87.
Starting from 1997 to 2009 Cecil Michael Reimer began to subdivide the main
block of the remaining extent of Stuhm measuring 1074. 7410 hectares in extent into 3 lots
which he sold as follows:
DATE
LOT SOLD
BUYER
HECTERAGE
DEED OF TRANSFER
1997
2
Darnall Investments
412.1091
497/97
1998
3
Douglasdale (Pvt) Ltd
79.4959
9247/98
2009
1
TIBIC Investments (Pvt) Ltd 583.1360
1724/09
1,074.741
Total.
3 Lots
He however sold the disputed lot one in 2009 in circumstances where Government
had already issued a preliminary notice to compulsorily acquire the disputed land under
General Notice 405A of 2000 published in the Extraordinary Government Gazette of
25 August, 2000.
The preliminary notice reads:
“NOTICE is hereby given, in terms of subsection (1) of section 5 of the Land
Acquisition Act [Chapter 20:10], that the president intends to acquire compulsorily the
land described in the schedule for resettlement purposes.
A plan of the land is available for inspection at the following offices of the Ministry of
Lands, Agriculture and Rural Resettlement between 8 a.m. and 4 p.m. from Monday to
Friday other than on a public holiday on or before the 24th of September, 2009 –
140. Deed of transfer 3032/87, registered in the name of Cecil Michael Reiner , in
respect of certain piece of land situate in the district of Goromonzi , being the
remaining extent of Stuhm, measuring one thousand and seventy- four, comma
seven four one zero. (1 074, 7410) hectares.”
2