Rena Mazikana and 13 Others v Metzim Enterprises (Pvt) Ltd and The Messenger of Court Harare (No)

HH 694-18

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Case Details

Court

Harare High Court

Date

25 October 2018

Citation

HH 694-18

Neutral Citation

[2018] ZWHH 694

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Property LawCivil Procedure

Keywords

spoliation orderunlawful evictionpeaceful possessionmessenger of courtleaseholdersubtenants

Key Issues

{"issue_text":"Whether applicants were in peaceful and undisturbed possession for spoliation order","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants' occupation through Lanas Clothing, refusal to recognise Memory Mazana, non-payment of rent"}
{"issue_text":"Whether eviction was unlawful deprivation of possession","issue_type":"mixed","dispositive":"yes","related_facts":"Eviction under writ against Memory Mazana, applicants not cited as parties"}
{"issue_text":"Whether applicants qualify for interim interdict","issue_type":"law","dispositive":"no","related_facts":"Applicants' right to occupation, balance of convenience"}

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Facts of the Case

Background

Fourteen flea market traders occupied tables in Shop No. 3 at 107 Mbuya Nehanda Street under oral leases with Lanas Clothing. After Lanas Clothing's lease terminated, Memory Mazana became the new leaseholder, but the applicants refused to recognise her and continued occupying without paying rent. They were evicted on 1 October 2018 by the Messenger of Court under a writ issued against Memory Mazana, prompting these urgent applications claiming unlawful eviction and seeking restoration of possession.

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