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Harare High Court
Pickglow Trading (Private) Limited v Country Petrolium (Private) Limited t/a Glow Petrolium and Belinda Musarir and Barbra Musarir and Sasha Musarir
HH 263-12
Case Details
Court
Harare High Court
Date
27 June 2012
Citation
HH 263-12
Neutral Citation
[2012] ZWHH 263
Outcome
unknown
Case Type
Urgent Chamber Application
Bench
Presiding
Bhunu J
Full Bench
Bhunu J
Areas of Law
Property LawContract Law
Keywords
leasespoliationevictionservice stationshopsverbal agreement
Tags
lease agreementspoliationevictioncommercial property
legislation
Statutes Cited
- N
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- n
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- c
- i
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- d
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was entitled to a spoliation order","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was evicted from shops without court order; Pauline Bere now occupies premises"}
- {"issue_text":"Whether Pauline Bere should be joined as a party","issue_type":"procedural","dispositive":"yes","related_facts":"Pauline Bere occupies disputed premises under alleged lease"}
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background
Facts of the Case
Background
The applicant leased a service station from the first respondent but also occupied shops on the premises, claiming a verbal agreement. A dispute arose over occupation of the shops, and the respondents evicted the applicant without a court order. The applicant sought a spoliation order but failed to join Pauline Bere, who had allegedly taken occupation of the shops.
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