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Harare High Court
Levison Zihute v Moses Mugwagwa and Caleb Machinga and Hermish Katsande and Overflow Zone Enterprises (Pvt) Ltd
HH 529-21
Case Details
Court
Harare High Court
Date
27 September 2021
Citation
HH 529-21
Neutral Citation
[2021] ZWHH 529
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUCHAWA J
Full Bench
MUCHAWA J
Areas of Law
Property LawCivil Procedure
Keywords
spoliation orderpeaceful possessiondispossessionmandament van spolie
Tags
spoliationmandament van spolieurgent chamber applicationland dispute
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was in peaceful and undisturbed possession of the properties","issue_type":"fact","dispositive":"yes","related_facts":"Applicant's purchase in June 2020, installation of cabin, employment of caretaker"}
- {"issue_text":"Whether the applicant was unlawfully dispossessed by the respondents","issue_type":"fact","dispositive":"yes","related_facts":"Events of 13 August 2021, removal of cabin, digging of trenches"}
- {"issue_text":"Whether the mandament van spolie remedy is available to the applicant","issue_type":"law","dispositive":"yes","related_facts":"Applicant's possession, dispossession events"}
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background
Facts of the Case
Background
The applicant sought a spoliation order claiming he was unlawfully dispossessed of two stands in Tynwald Township. He alleged that on 13 August 2021, the respondents invaded the properties, removed his wooden cabin and began construction. The respondents disputed his possession, claiming ownership through different means.
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