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Harare High Court

Alois Chimeri v Nhlanhla Nguluve

HH 6-17

Case Details

Court
Harare High Court
Date
5 January 2017
Citation
HH 6-17
Neutral Citation
[2017] ZWHH 6
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Property LawSpoliation
Keywords
spoliation orderpeaceful possessionself-helpfarm leaseeviction
Tags
spoliationfarm disputeland possession
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • High Court Rules 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant was in peaceful and undisturbed possession entitling him to spoliation order","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's lease history, alleged dispossession in December 2016"}
  • {"issue_text":"Whether Minister should have been joined as party","issue_type":"procedural","dispositive":"no","related_facts":"Minister's interest in farm, pending eviction application"}
  • {"issue_text":"Whether constitutional provision ousting court jurisdiction applies","issue_type":"constitutional","dispositive":"no","related_facts":"Section 72(3) Constitution, nature of land dispute"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant sought a spoliation order claiming he was unlawfully dispossessed of Turner Farm in Zvimba which he had been renting from the Ministry of Lands and Rural Settlement since 2011. The respondent opposed, arguing the applicant's lease was cancelled in 2014 and he had been in lawful occupation since November 2014.
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