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Harare High Court
TMS HOLDINGS PRIVATE LIMITED and PATRICK MUZONDO
HH 73-22
Case Details
Court
Harare High Court
Date
2 February 2022
Citation
HH 73-22
Neutral Citation
[2022] ZWHH 73
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUCHAWA J
Full Bench
MUCHAWA J
Areas of Law
Property LawCivil Procedure
Keywords
interdicturgencylis pendensfarming partnershipspoliation order
Tags
interdicturgent applicationfarming partnershipspoliation
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent chamber application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Timing of application, knowledge of respondent's intention to farm, existence of pending litigation"}
- {"issue_text":"Whether the matter is lis pendens","issue_type":"procedural","dispositive":"no","related_facts":"Existence of HC 4433/21 and SC 477/21"}
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background
Facts of the Case
Background
The applicant and respondent had a verbal farming partnership agreement at plot 4 Godavery Estates Harare. The applicant cancelled the agreement and filed summons for eviction (HC 4433/21). The respondent obtained a spoliation order (HC 584/21) allowing him to continue farming. The applicant then filed this urgent application in January 2022 to interdict the respondent from farming pending finalisation of the main case, claiming the respondent started planting crops in January 2022.
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