Judgment No. SC 13/18
Civil Appeal No. SC 469/13
Ref. HC 601/11
Ref. HC 9527/11
In this case, nothing of the sort happened. The acquiring authority continues to
claim ownership of the land registered in his name. It is trite that registration in the Deeds
Registry constitutes proof of ownership of land. All the parties to this case looked up to him
for relief without any reference to the Minister of Local Government Rural and Urban
Development. This amounts to recognition of his ownership and authority over the disputed
land. That is ample proof that the Minister of Local Government had no Authority to convert
agricultural land to urban Land without the consent of his colleague, the acquiring authority.
Any purported change of ownership of the land without the consent of the acquiring authority
was therefore a legal nullity and of no force or effect.
In the final analysis we come to the unanimous conclusion that there is absolutely
no merit in this appeal.
It is accordingly ordered as follows:
That the appeal be and is hereby dismissed with costs.
GWAUNZA JA
I agree
GOWORA JA
I agree
Gama & Partners, appellants’ legal practitioners
Moyo & Jera, 1st respondent’s legal practitioners
Civil Division of The Attorney-General, 4th respondent’s legal practitioners
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