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Harare High Court
Forrester Estate (Pvt) Limited v Edgar Chidavaenzi
HH 22-2010
Case Details
Court
Harare High Court
Date
21 January 2010
Citation
HH 22-2010
Neutral Citation
[2010] ZWHH 22
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Property LawCivil Procedure
Keywords
spoliation orderpeaceful possessionproperty rightsurgent application
Tags
spoliationpossessionproperty dispute
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant established it was in peaceful and undisturbed possession of the silo","issue_type":"law","dispositive":"yes","related_facts":"Applicant's lack of recent use, committee's possession claim"}
- {"issue_text":"Whether applicant was making physical use of property to derive benefit with animus","issue_type":"law","dispositive":"yes","related_facts":"No use since 2002, fear of theft, future intention to use"}
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background
Facts of the Case
Background
The applicant sought a spoliation order against the respondent who, together with six other men, forcibly dismantled a maize silo on the applicant's farm on 9 January 2010 without consent or court authorization.
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