City of Harare v Charles Matsika and 21 Others

HH 175/21

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Case Details

Court

Harare High Court

Date

21 April 2021

Citation

HH 175/21

Neutral Citation

[2021] ZWHH 175

Outcome

unknown

Case Type

Application

Bench

Presiding

Foroma J

Full Bench

Foroma J

Areas of Law

Property lawCivil procedure

Keywords

Spoliation orderEvictionLand invasionCo-operativesAuthority to represent

Key Issues

{"issue_text":"Whether respondents 4-22 properly opposed the application","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to file opposing affidavits; lack of authority"}
{"issue_text":"Whether the third respondent had authority to represent others","issue_type":"procedural","dispositive":"yes","related_facts":"No resolutions or powers of attorney produced"}
{"issue_text":"Whether spoliation order should be granted","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation of land; failure to oppose"}

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background

Facts of the Case

Background

The City of Harare sought a spoliation order against Charles Matsika and 21 others who had occupied Lot 2 of Parkridge Estate. The respondents failed to properly oppose the application as the second and third respondents lacked authority to represent others, and most respondents failed to file opposing affidavits.

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