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Harare High Court
Teviot Trust (Pvt) Ltd v Kaseplan Grand Industries (Pvt) Ltd
HH 03-23
Case Details
Court
Harare High Court
Date
4 January 2023
Citation
HH 03-23
Neutral Citation
[2023] ZWHH 3
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Deme J
Full Bench
Deme J
Areas of Law
Property lawInterdicts
Keywords
InterdictProperty ownershipConstructionPerimeter wall
Tags
InterdictProperty disputeUrgent application
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application meets requirements for interim interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Prima facie right from HC 3383/20 order, irreparable harm from construction"}
- {"issue_text":"Whether the certificate of urgency was fatally defective","issue_type":"procedural","dispositive":"no","related_facts":"Certificate omitted date when need to act arose"}
- {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Construction discovered 21 November, application filed 1 December"}
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background
Facts of the Case
Background
The applicant company sought an interim interdict to prevent the respondent from constructing structures on a property that was compulsorily acquired by the Minister of Lands in 2004 and later awarded to the respondent in 2011. The applicant had successfully challenged the compulsory acquisition in HC 3383/20 and had ownership restored.
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