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Bulawayo High Court

Brian Davies v Floyd Ambrose and The Officer Commanding Zimbabwe Republic Police – Matabeleland North Province

HB 78/21

Case Details

Court
Bulawayo High Court
Date
20 May 2021
Citation
HB 78/21
Neutral Citation
[2021] ZWHB 78
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Property LawSpoliationLand Reform
Keywords
spoliation orderland reformfarm occupationswap agreementexecution pending appeal
Tags
spoliationland disputefarm swap agreementurgent application
legislation
Statutes Cited
  • High Court Act
  • Supreme Court Rules
  • Supreme Court Rules
  • Land Acquisition Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant should be allowed to execute the order notwithstanding the appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Spoliation order granted, appeals filed and lapsed"}
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background
Facts of the Case

Background

The applicant and 1st respondent entered into a farm swap agreement where they exchanged portions of land. After years of mutual benefit, the 1st respondent attempted to reverse the agreement and forcibly occupied the applicant's property. The applicant obtained a spoliation order on 3 March 2021, which the 1st respondent appealed. The applicant then sought leave to execute the judgment pending appeal.
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