WILLDALE LIMITED v CHRIS PETROS KWARAMBA

HH 262/13

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Case Details

Court

Harare High Court

Date

26 August 2013

Citation

HH 262/13

Neutral Citation

[2013] ZWHH 262

Outcome

unknown

Case Type

Application

Bench

Presiding

MAFUSIRE J

Full Bench

MAFUSIRE J

Areas of Law

Property LawCivil Procedure

Keywords

Summary JudgmentEvictionCompulsory AcquisitionLand ReformSpoliation

Key Issues

{"issue_text":"Whether the respondent has a bona fide defense to the application for summary judgment for eviction.","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of previous spoliation order; cancellation of compulsory acquisition."}
{"issue_text":"Whether the 2005 spoliation order prevents the applicant from lawfully evicting the respondent.","issue_type":"law","dispositive":"yes","related_facts":"The 2005 order by HLATSHWAYO J."}
{"issue_text":"Whether the respondent's occupation is lawful given the cancellation of the compulsory acquisition.","issue_type":"law","dispositive":"yes","related_facts":"Cancellation of acquisition in March 2012."}

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Facts of the Case

Background

The applicant, a brick making company, sought the eviction of the respondent from its property which had been mistakenly allocated to the respondent under the land reform program. The property had been reclassified as industrial land prior to the allocation. The applicant successfully had the compulsory acquisition notice cancelled. The respondent relied on a previous spoliation order to resist eviction, but the court found this order did not prevent lawful eviction.

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