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Harare High Court
Chinotimba Housing Co-operative Society Limited and Owen Ndoro v Hallmark Chicks (Private) Limited and Minister of Lands, Agriculture & Rural Resettlement
HH 222-21
Case Details
Court
Harare High Court
Date
30 April 2021
Citation
HH 222-21
Neutral Citation
[2021] ZWHH 222
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Property LawSpoliationLand Reform
Keywords
spoliationland acquisitionAthena of Langfordself-helppossession
Tags
spoliationland disputeurgent applicationland acquisition
legislation
Statutes Cited
- Land Acquisition Act
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants established right to spoliatory relief","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged forcible eviction, disputed land location"}
- {"issue_text":"Whether material disputes of fact exist preventing determination on papers","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting evidence about land location and ownership"}
- {"issue_text":"Whether proper parties were cited","issue_type":"procedural","dispositive":"no","related_facts":"Dispute over location of disturbances"}
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background
Facts of the Case
Background
Applicants sought spoliatory relief after alleging they were forcibly evicted from land known as Athena of Langford by 1st respondent's security guards. They claimed peaceful possession since 2006 based on allocation letter from Ministry of Local Government. 1st respondent denied acquisition occurred and disputed location of alleged disturbances.
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