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Harare High Court
Bradha Engineering (Pvt) Ltd v Godwin Gomwe & 6 Ors and City of Harare
HH 119/21
Case Details
Court
Harare High Court
Date
18 March 2021
Citation
HH 119/21
Neutral Citation
[2021] ZWHH 119
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property lawSpoliationAdministrative law
Keywords
Mandament van spoliePeaceful possessionDespoilmentUrban Councils ActLand development
Tags
SpoliationLand allocationUrban planningPossession
legislation
Statutes Cited
- Urban Councils Act
- Regional, Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant established grounds for spoliation relief","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's prior possession, respondents' occupation"}
- {"issue_text":"Whether applicant was in peaceful and undisturbed possession","issue_type":"fact","dispositive":"yes","related_facts":"Minister's allocation, prior occupation"}
- {"issue_text":"Whether respondents unlawfully despoiled applicant","issue_type":"fact","dispositive":"yes","related_facts":"Invasion of property, lack of authorization"}
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background
Facts of the Case
Background
The applicant, Bradha Engineering (Pvt) Ltd, sought confirmation of a provisional spoliation order against respondents who had allegedly despoiled it of peaceful possession of 196 residential stands in Warren Park. The applicant claimed allocation of the property by the Minister under the Urban Councils Act, while various respondents claimed occupation rights from the City of Harare.
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