Marinda Fenese v Gateway Primary School and KM Ricquebourg N.O. and Gateway Primary School Parents Association and The Sheriff of Zimbabwe

HH 329-17

Analyze with AI

Case Details

Court

Harare High Court

Date

24 May 2017

Citation

HH 329-17

Neutral Citation

[2017] ZWHH 329

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Musakwa J

Full Bench

Musakwa J

Areas of Law

Property LawCommercial Law

Keywords

spoliation orderpeaceful possessionunlawful deprivationtuck shopcommercial premises

Key Issues

{"issue_text":"Whether the applicant was in peaceful and undisturbed possession of the tuck shop","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant had leased premises since 2011, had access during school terms"}
{"issue_text":"Whether the respondents' actions constituted unlawful spoliation","issue_type":"law","dispositive":"yes","related_facts":"Installation of additional locks, public barring of customers"}
{"issue_text":"Whether a tuck shop constitutes commercial premises under the regulations","issue_type":"law","dispositive":"no","related_facts":"Applicant conducted business from tuck shop under lease"}

This summary was generated by AI. Use Zalari to read the full judgment.

background

Facts of the Case

Background

The applicant operated a tuck shop at Gateway Primary School under a lease agreement with the Parents Association. After receiving notice of lease termination, she continued to occupy the premises. The respondents installed additional locks on the tuck shop and barred students from buying there, allegedly depriving her of peaceful possession.

Read the full judgment, get AI analysis, and find related cases

Open in Zalari →

Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.