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Supreme Court
Rita Marque Mbatha v Vincent Ncube & Anor (Messenger of Court, Harare)
SC 109/22
Case Details
Court
Supreme Court
Date
6 June 2022
Citation
SC 109/22
Neutral Citation
[2022] ZWSC 109
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Full Bench
Gwaunza DCJMathonsi JAKudya JA
Areas of Law
Property LawCivil Procedure
Keywords
eviction orderspoliationinterdicttenancy agreementMagistrates Court order
Tags
evictionspoliationinterdicttenancy dispute
legislation
Statutes Cited
- Supreme Court Rules, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court order under MC 39520/16 remained extant following the High Court's determination under HC 7310/18","issue_type":"law","dispositive":"yes","related_facts":"Spoliation order granted, eviction order never reviewed or appealed"}
- {"issue_text":"Whether the appellant could interdict lawful conduct done in terms of the law","issue_type":"law","dispositive":"yes","related_facts":"Respondents acted under extant court order"}
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background
Facts of the Case
Background
The appellant, a tenant, sought to interdict her eviction from residential property based on a 2016 Magistrates Court eviction order. She argued the order was invalidated by subsequent spoliation proceedings, while respondents maintained the order remained extant and enforceable.
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