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Harare High Court
Overflow Zone Enterprises (Pvt) Ltd v Owdenn Nhimura and Dennias Nheta and John Dube
HH 166-22
Case Details
Court
Harare High Court
Date
16 March 2022
Citation
HH 166-22
Neutral Citation
[2022] ZWHH 166
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Property LawCivil Procedure
Keywords
spoliation orderpeaceful possessionbalance of probabilitiesurgent chamber application
Tags
spoliationurgent applicationpossessionimmovable property
legislation
Statutes Cited
- N
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- n
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- c
- i
- t
- e
- d
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant established on balance of probabilities that it was in peaceful and undisturbed possession of the stands","issue_type":"fact","dispositive":"yes","related_facts":"Applicant's founding affidavit, photographs, supporting affidavit"}
- {"issue_text":"Whether the applicant proved the respondents committed spoliation","issue_type":"fact","dispositive":"no","related_facts":"Allegations of 28 August 2017 events"}
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background
Facts of the Case
Background
The applicant sought a spoliation order against three respondents concerning four residential stands in Tynwald, Harare. The applicant claimed it was in peaceful possession of the stands before being unlawfully despoiled by the respondents on 28 August 2017.
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