KARORI (PRIVATE) LIMITED and CHARLES INGRAM LOCK v BRIGADIER MUJAJI

HH 23-2007

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Case Details

Court

Harare High Court

Date

23 February 2007

Citation

HH 23-2007

Neutral Citation

[2007] ZWHH 23

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

KUDYA J

Full Bench

KUDYA J

Areas of Law

Property LawSpoliation

Keywords

Spoliation orderMandament van spolieStatus quo anteSelf-helpForcible dispossession

Key Issues

{"issue_text":"Whether applicants were in peaceful and undisturbed possession","issue_type":"fact","dispositive":"yes","related_facts":"Applicants in control until 4 February 2007, employees performed daily duties"}
{"issue_text":"Whether respondent forcibly dispossessed applicants without consent","issue_type":"fact","dispositive":"yes","related_facts":"Taking of keys, placement of own locks, presence of soldiers"}
{"issue_text":"Whether spoliation application can proceed without joining acquiring authority","issue_type":"procedural","dispositive":"no","related_facts":"Farm subject to land acquisition programme"}

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background

Facts of the Case

Background

The applicants, who were in peaceful and undisturbed possession of a 376-hectare farm in Headlands area, were forcibly dispossessed by the respondent on 4 February 2007 when he took keys to the security gate and later commandeered keys to storerooms, sheds and pump houses, accompanied by soldiers. The applicants launched an urgent spoliation application to restore their possession.

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