Scraiven Nyamuchengwa v Larryscope Health Care (Pvt) Ltd and The Messenger of Court – Murehwa

HH 265-25

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Case Details

Court

Harare High Court

Date

17 January 2025

Citation

HH 265-25

Neutral Citation

[2025] ZWHH 265

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Property LawMining Law

Keywords

spoliationmining claimpeaceful possessionunlawful dispossessionmandament van spolie

Key Issues

{"issue_text":"Whether applicant was in peaceful and undisturbed possession of the mining claim","issue_type":"fact","dispositive":"yes","related_facts":"Applicant claimed possession since 2017; respondent showed multiple evictions and cancellations"}
{"issue_text":"Whether applicant was unlawfully or forcibly dispossessed without consent","issue_type":"mixed","dispositive":"yes","related_facts":"Eviction executed pursuant to court order; applicant did not consent but process was lawful"}

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background

Facts of the Case

Background

Applicant sought a spoliation order claiming unlawful dispossession of mining claim ME348G SCRAI A on 13 January 2025 by the Messenger of Court. He alleged he was in peaceful possession since 2017 and was wrongfully evicted. Respondents contended applicant's possession was neither peaceful nor undisturbed, having been revoked twice by authorities, and eviction was lawful following court order.

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