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Supreme Court
Zondiwa Nyamande v Isaac Tamuka Mahachi & 3 Ors
SC 45/23
Case Details
Court
Supreme Court
Date
29 May 2023
Citation
SC 45/23
Neutral Citation
[2023] ZWSC 45
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GUVAVA JA
Full Bench
GUVAVA JAMUSAKWA JAMWAYERA JA
Areas of Law
Property LawAdministrative LawCommon Law
Keywords
mandament van spoliespoliation orderoffer lettergazetted landself-helpstatus quo ante
Tags
SpoliationLand ReformOffer LetterAgricultural Land
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
- Urban Councils Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in granting the first respondent's application for a spoliation order.","issue_type":"law","dispositive":"yes","related_facts":"Existence of offer letter; appellant's construction on the land; jurisdiction of respondents."}
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background
Facts of the Case
Background
The first respondent, holder of an offer letter for a farm, alleged that the appellant unlawfully invaded his grazing land to build a house and wall. The appellant claimed he had a lease agreement with the second and third respondents for the same land, which he asserted was a designated stand for a school. The High Court granted the spoliation order, which the appellant appealed.
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