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ASHER v MINISTER OF STATE FOR LANDS, LAND REFORM AND RESETTLEMENT & ANOR
2009 (1) ZLR 153 (H)
Land — land compulsorily acquired by State — occupation by former owner of farm or any part thereof — eviction of former owner or occupier follows only upon his conviction — recipient of offer letter from the State D — recipient not entitled to take up occupation of farm until former owner or occupier has been evicted in terms of a court order — Gazetted Lands (Consequential Provisions) Act [Chapter 20:28] — s 3(3)
Property and real rights — spoliation order — application for — what applicant is required to prove — locus standi — ownership or lawfulness of possession not relevant to question of locus standi
Property and real rights — spoliation order — unlawful occupier of land — person occupying land which had been acquired by State — person receiving offer letter from State in respect of such land — not entitled to deprive occupier of possession — need for occupier to be lawfully evicted before holder of offer letter entitled to occupy property
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