Movement for Democratic Change-Alliance (2) Charlton Hwende (3) Godfrey Cotton v Tendai Muchekahanzu (2) Friday Muleya (3) Douglas Togaraseyi Mwonzora (4) Morgen Komichi (5) Movement for Democratic Change-Tsvangirai (6) Minister of Home Affairs and Cultural Heritage (7) Commissioner General of Police (8) The Minister of Defence and War Veterans

[2022] ZWSC 116

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Case Details

Court

Supreme Court

Date

31 October 2022

Citation

[2022] ZWSC 116

Judgment No.

SC 116/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHIWESHE JA

Full Bench

BHUNU JACHIWESHE JACHATUKUTA JA

Areas of Law

Property LawCivil Procedure

Keywords

spoliation orderurgent applicationpolitical party headquarterspossession

Key Issues

{"issue_text":"Whether the appellants were wrongfully dispossessed of the premises","issue_type":"mixed","dispositive":"no","related_facts":"Appellants' prior possession; forcible ejection by respondents"}
{"issue_text":"Whether the notice of appeal complied with r 37 (1)(e) of Supreme Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of appeal did not specify exact relief sought"}

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background

Facts of the Case

Background

The appellants, who were officials of the MDC-Alliance political party, alleged they were forcibly ejected from their party headquarters (Harvest House) on 4 June 2020 by respondents using military and police force. They sought spoliation orders from the High Court, which dismissed their applications. They appealed to the Supreme Court.

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