TRIANGLE LIMITED v KILLIOT MUKANYA and ROBERT MAKWANYA and PATIENCE TSVAKWI and TAWANDA MUNGWARI and SIMBARASHE MUREHWA and MINISTER OF LANDS & RURAL RESETTLEMENT and THE ADDITIONAL SHERRIFF – MASVINGO

HH 105-17

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Case Details

Court

Harare High Court

Date

15 February 2017

Citation

HH 105-17

Neutral Citation

[2017] ZWHH 105

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Property LawCivil ProcedureAdministrative Law

Keywords

Gazetted LandLot 3A Triangle RanchMuwonde LodgeWorker CompoundsRes JudicataFunctus Officio

Key Issues

{"issue_text":"Whether the eviction of the applicant from worker compounds and Muwonde Lodge was lawful and within the scope of MANGOTA J's order","issue_type":"fact","dispositive":"yes","related_facts":"Location of properties relative to allocated portions; scope of eviction order"}
{"issue_text":"Whether the court can revisit its own judgment to clarify the scope of the order","issue_type":"law","dispositive":"no","related_facts":"Parties' disagreement on the purport of the order"}
{"issue_text":"Whether the existence of factual disputes warrants dismissal of the application","issue_type":"procedural","dispositive":"yes","related_facts":"Nature of disputes between parties"}

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Facts of the Case

Background

The applicant sought to set aside an eviction carried out by the seventh respondent on the instructions of the first to fifth respondents, arguing that the eviction from worker compounds and Muwonde Lodge exceeded the scope of a previous court order by MANGOTA J. The court found that material factual disputes existed regarding whether the properties fell within the allocated portions of land and converted the matter to action procedure.

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