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Harare High Court
Monica Mugova and Edwell Mugova v Stanley Mwase, Wonderful Sedeya and Robert Musvosvi
HH 621-22
Case Details
Court
Harare High Court
Date
15 September 2022
Citation
HH 621-22
Neutral Citation
[2022] ZWHH 621
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mhuri J
Full Bench
Mhuri J
Areas of Law
Property LawCivil Procedure
Keywords
spoliation orderpeaceful possessionscrap metaldispossession
Tags
spoliationscrap metalpossessionurgent application
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Were the applicants in peaceful and undisturbed possession of the scrap metal?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants paid for machine, stripped it, stored scrap at Costas Centre"}
- {"issue_text":"Were the respondents deprived of possession forcibly or wrongfully against their consent?","issue_type":"mixed","dispositive":"yes","related_facts":"Removal without consent on 31 August 2022"}
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background
Facts of the Case
Background
The applicants, who are in the scrap metal business, purchased a machine for US$1800 through the second respondent, stripped it to obtain 14 tonnes of scrap metal, and stored it at Costas Business Centre in Zvishavane while arranging transport to Harare. On 31 August 2022, the respondents removed the scrap metal without consent and transported it to Harare. The applicants seek a spoliation order for restoration of possession.
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