High Court rules against Malaysian investors in land case

source: SW Radio Africa
By Alex Bell
26 March 2010

The High Court has ruled against investors from Malaysia in a dispute over an invaded property, in a move that will further sour diplomatic relations between the two countries.

Malaysian authorities have already expressed anger over the forced takeover of the property, a banana plantation in eastern Manicaland, which is supposed to be protected under a Bilateral Investment Protection and Promotion Agreement (BIPPA). The property, Fangundu Farm (which is owned by the Malaysian and Dutch farming entity, Matanuska) was invaded over the festive season by Zimbabwe’s ambassador to Tanzania, former army general Edzai Chimonyo, who insists that he was awarded the property in 2006 under the land reform programme.

High Court judge Justice Yunus Omerjee dismissed an application filed by Matanuska, seeking to bar Chimonyo from appealing against an earlier ruling ordering him to vacate the property. That ruling was handed down in [continue reading]

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  1. What you are writing in this article is LEGALLY NOT correct.

    Judge,Justice Junus Omerjee dismissed the application of

    MATANUSKA,because Court proceeding Rules,do not allow

    to bar an appeal,when this appeal was already filed at the

    Court.

    If the appellant filed within the deadline his appeal,the High Court does not have another choice than to work on the case.
    Justice Omerjee has to prove if all requirements are fulfilled and if the appeal has a MERIT.

    Meanwile ALL other applications are dismissed.

    THEREFORE JUDGE OMERJEE DID NOT RULE AGAINST MATANUSKA,how you insist…

    Justice Omerjee did not issued ANY court order on substantial laws.

    The issue of the case is if the General has right to remain on the plantation or not and if the rules,passed by Mugabe to present his cronies with land,are UNCONSTITUTIONAL.






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