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Harare High Court

Martin Millers and Engineers (Pvt) Ltd v Mazoe Hotel (Pvt) Ltd

HH 04-24

Case Details

Court
Harare High Court
Date
4 January 2024
Citation
HH 04-24
Neutral Citation
[2024] ZWHH 4
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Chikowero J
Full Bench
Chikowero J
Areas of Law
Property LawCivil Procedure
Keywords
spoliation orderpeaceful possessionillicit deprivationmandament van spolie
Tags
spoliationpossessionurgent applicationmandament van spolie
legislation
Statutes Cited
  • High Court Rules, 2021
  • High Court Rules, 2021
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant proved it was in peaceful and undisturbed possession of the property","issue_type":"fact","dispositive":"yes","related_facts":"Applicant's alleged possession since 2017, absence of security personnel evidence, lack of supporting affidavits"}
  • {"issue_text":"Whether applicant proved illicit deprivation by respondent","issue_type":"fact","dispositive":"yes","related_facts":"Events of 7 November 2023, respondent's lease agreements with ZINWA"}
  • {"issue_text":"Whether application was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Delay between 7 November and 7 December 2023, initial suit against wrong party"}
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background
Facts of the Case

Background

The applicant sought a spoliation order claiming it was in peaceful possession of Stands 836 and 837 Mazoe District until 7 November 2023 when the respondent allegedly took possession by placing building materials and commencing construction. The respondent disputed this, claiming it lawfully occupied the land under lease agreements with ZINWA.
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