Funnekotter and Others v. Republic of Zimbabwe

Abstract

Expropriation — Agricultural land — Taking of property — Invasion of land by squatters — Responsibility of State — Failure to evict — Protection of squatters by law — Programmes of expropriation of agricultural land — Necessity — Netherlands- Zimbabwe Bilateral Investment Treaty

Damages — Expropriation — Measure of damages — Agricultural land — Genuine value — Requirement to take market value of whole farm at time of expropriation — Damages for disturbance — Moral damage — Interest — Compound interest — Costs

State responsibility — Acts of private individuals — Failure of State to evict squatters occupying agricultural land — Whether deprivation of land attributable to the State — Necessity — Whether applicable — ICSID arbitration