{"issue_text":"Whether applicant was in peaceful and undisturbed possession entitling him to spoliation order","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's lease history, alleged dispossession in December 2016"}
{"issue_text":"Whether Minister should have been joined as party","issue_type":"procedural","dispositive":"no","related_facts":"Minister's interest in farm, pending eviction application"}
{"issue_text":"Whether constitutional provision ousting court jurisdiction applies","issue_type":"constitutional","dispositive":"no","related_facts":"Section 72(3) Constitution, nature of land dispute"}
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background
Facts of the Case
Background
The applicant sought a spoliation order claiming he was unlawfully dispossessed of Turner Farm in Zvimba which he had been renting from the Ministry of Lands and Rural Settlement since 2011. The respondent opposed, arguing the applicant's lease was cancelled in 2014 and he had been in lawful occupation since November 2014.
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