Givemore Garande & 59 Ors v Phillip Chiyangwa & 2 Ors

HCC 17-22

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Case Details

Court

Chinhoyi High Court

Date

16 September 2022

Citation

HCC 17-22

Neutral Citation

[2022] ZWHCC 17

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Property lawSpoliationLand reform

Keywords

Spoliation orderEvictionGazetted Lands ActSelf-helpDirty hands

Key Issues

{"issue_text":"Whether court has jurisdiction to grant spoliation relief to illegal occupiers of gazetted State land","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are illegal occupiers of gazetted land, first respondent holds offer letter"}
{"issue_text":"Whether applicants approach court with dirty hands by failing to vacate gazetted land as required by law","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants failed to vacate farm within prescribed period, occupy without lawful authority"}
{"issue_text":"Whether applicants have established prima facie right to remain on farm for interdict purposes","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants possess no offer letter, permit or lease, farm vests in State"}

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background

Facts of the Case

Background

Applicants residing at Old Citrus Farm, Chinhoyi sought spoliation order and interdict against eviction. First respondent holds offer letter for the farm. Applicants were not cited in eviction writ but were allegedly evicted. Farm was gazetted land compulsorily acquired by State.

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