TRUSTEES OF THE NHARIRA HERITAGE TRUST v HFM MARKETING (PVT) LTD

HH 846-18

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Case Details

Court

Harare High Court

Date

28 December 2018

Citation

HH 846-18

Neutral Citation

[2018] ZWHH 846

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Property LawCivil Procedure

Keywords

mandament van spolieurgent chamber applicationpeaceful occupationtitle deed

Key Issues

{"issue_text":"Whether the applicant has direct and substantial interest and legal basis to initiate a spoliation application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's standing to bring the application on behalf of the community"}
{"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's delay in approaching the court from March 2017 to December 2018"}

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background

Facts of the Case

Background

The applicant sought a mandament van spolie order to compel the respondent to allow members of the Nharira Hills community to return to peaceful occupation of land from which they were evicted on 14 December 2018 without a court order. The applicant filed the urgent application on 17 December 2018. The court found that the applicant had been aware of the threat to their occupation since March 2017 and had received notices of ejectment in January 2018 but failed to approach the court until the day of eviction.

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