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Harare High Court
DS Mining Syndicate and Tawanda Dzviti v Spencer Tshuma
HH 281-21
Case Details
Court
Harare High Court
Date
10 June 2021
Citation
HH 281-21
Neutral Citation
[2021] ZWHH 281
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Property LawMining LawSpoliation
Keywords
spoliation ordermining claimpeaceful possessionunlawful deprivation
Tags
spoliationmining rightsurgent applicationmandament van spolie
legislation
Statutes Cited
- Prevention of Illegal Squatting Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants were in peaceful and undisturbed possession of the mining claim","issue_type":"fact","dispositive":"yes","related_facts":"Applicants had equipment and guards on site since January 2020"}
- {"issue_text":"Whether respondent unlawfully deprived applicants of possession","issue_type":"fact","dispositive":"yes","related_facts":"Armed invasion removed applicants without consent"}
- {"issue_text":"Whether application was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 3 days after spoliation"}
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background
Facts of the Case
Background
The applicants sought a spoliation order against the respondent after he allegedly invaded their mining claim on Queensdale Farm with over 800 people, destroyed their structures, took their mining equipment and forcibly removed their guards. The applicants claimed they had been in peaceful possession since January 2020.
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