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Harare High Court
Chiriga Estates (Pvt) Ltd and Milrite Farming (Pvt) Ltd and Silverton Estates (Pvt) Ltd v Minister of Lands and Rural Resettlement and Mr E. Porusingazi and Mr M. I. Kamba and Mr A. Musona and Ms A. Chitima and S. Zuze and The Officer Commanding Z R Police Chipinge and The Officer Commanding Z. R. Police Manicaland Province and The Commissioner-General Z.R. Police and The Attorney-General
HH 34-2010
Case Details
Court
Harare High Court
Date
15 February 2010
Citation
HH 34-2010
Neutral Citation
[2010] ZWHH 34
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUSAKWA J
Full Bench
MUSAKWA J
Areas of Law
Property LawSpoliationLand Reform
Keywords
spoliation orderGazetted Land (Consequential Provisions) Actunlawful dispossessioneviction
Tags
spoliationland reformevictiongazetted land
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have established the requirements for a spoliation order","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged forcible dispossession, failure to identify perpetrators, hearsay evidence"}
- {"issue_text":"Whether the second respondent was properly cited","issue_type":"procedural","dispositive":"yes","related_facts":"Citation by name, ID number and address related to Enos Porusingazi but person attending court claims not to be the perpetrator"}
- {"issue_text":"Whether costs de bonis propiis should be awarded against the legal practitioner","issue_type":"procedural","dispositive":"no","related_facts":"Mr Drury's conduct in preparing and filing deficient application despite warnings"}
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background
Facts of the Case
Background
The applicants, who had been convicted under the Gazetted Land (Consequential Provisions) Act and ordered to vacate the land, sought a spoliation order claiming they were forcibly dispossessed by the respondents. The application was brought on an urgent basis following their conviction and eviction order.
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