Kwik-Pak (Private) Limited v Edward Mashiringwani and Shepherd Makoni

Key Issues

• {"issue_text":"Whether applicant had locus standi to bring spoliation proceedings despite not being owner","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's possession was under dispute due to compulsory acquisition"}
• {"issue_text":"Whether court has jurisdiction to grant spoliation order in land reform context","issue_type":"procedural","dispositive":"no","related_facts":"Farm was compulsorily acquired under land reform program"}
• {"issue_text":"Whether applicant was in peaceful and undisturbed possession","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's possession continued after compulsory acquisition"}
• {"issue_text":"Whether applicant was forcibly dispossessed without consent","issue_type":"fact","dispositive":"yes","related_facts":"Events of 29-30 October 2009"}

Background