Trevor Gifford v I. Mugomba and Muyesu and Ronald Muchenga and Commissioner General of Police

HH 135-10

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Case Details

Court

Harare High Court

Date

30 June 2010

Citation

HH 135-10

Neutral Citation

[2010] ZWHH 135

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIWESHE JP

Full Bench

CHIWESHE JP

Areas of Law

Property LawAdministrative Law

Keywords

Spoliation orderLand reform programmeForcible ejectmentUndisturbed possession

Key Issues

{"issue_text":"Whether the applicant was unlawfully spoliated from his possession of the farm house and land","issue_type":"fact","dispositive":"yes","related_facts":"Forcible ejectment on 13 June 2010, applicant's prior peaceful possession, respondents' occupation of same plot"}
{"issue_text":"Whether the first respondent's defence that he was not involved in the removal is valid","issue_type":"law","dispositive":"yes","related_facts":"First respondent's admission of occupying same plot, denial of direct involvement"}

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background

Facts of the Case

Background

The applicant was in possession of a farm house and land when the respondents forcibly ejected him and took possession. The applicant alleges spoliation, while the first respondent claims lawful allocation under the land reform programme. The court found the applicant was in peaceful possession and was unlawfully despoiled.

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