Delatfin Engineering (Pvt) Ltd v Police Commissioner General (G.T. Matanga) & 4 Ors

HH 876-22

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Case Details

Court

Harare High Court

Date

8 December 2022

Citation

HH 876-22

Neutral Citation

[2022] ZWHH 876

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Property lawSpoliationInterdict

Keywords

Spoliation orderHaydon FarmPolice occupationLand development

Key Issues

{"issue_text":"Whether the applicant was in peaceful and undisturbed possession of Haydon Farm prior to 24 November 2022","issue_type":"fact","dispositive":"yes","related_facts":"Applicant's occupation since August 2022, construction works, presence of guards"}
{"issue_text":"Whether the police committed an act of spoliation by forcibly taking over the farm","issue_type":"mixed","dispositive":"yes","related_facts":"Forcible removal of guards, threats with guns, stoppage of works"}
{"issue_text":"Whether the applicant is entitled to a spoliation order restoring possession","issue_type":"law","dispositive":"yes","related_facts":"Requirements of spoliation order, unlawful deprivation"}

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background

Facts of the Case

Background

The applicant, a land developer, was allocated 120 hectares of Haydon Farm in 2015 for residential development. The Zimbabwe Republic Police had been occupying the land but were allocated alternative land at Penrose Farm. On 24 November 2022, police Support Unit details forcibly removed the applicant's security guards and took control of the farm, halting construction works.

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