Aube Musanhu Family Trust v Chipo Munguma

HMA 19/19

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Case Details

Court

Masvingo High Court

Date

15 May 2019

Citation

HMA 19/19

Neutral Citation

[2019] ZWHMA 19

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Property LawSpoliationLand Reform

Keywords

spoliationmandament van spoliepeaceful possessionunlawful deprivationfarm occupation

Key Issues

{"issue_text":"Whether the applicant was unlawfully deprived of peaceful and undisturbed possession","issue_type":"mixed","dispositive":"yes","related_facts":"Trust's possession since 2017, Chipo's occupation in April 2019"}
{"issue_text":"Whether the Trust has locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Trust registration, previous court orders in Trust's name"}

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background

Facts of the Case

Background

The applicant trust claimed spoliation after the respondent forcibly evicted its employees from a sugar cane farm in Chiredzi. The respondent had previously been evicted by court order in 2017 but returned to the farm in April 2019, claiming she followed her children who occupied the property.

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