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Harare High Court
Amalem Investments (Pvt) Ltd t/a Full Task Project Managers v Tapiwa Mabhiza and 6 Others
HH 120-23
Case Details
Court
Harare High Court
Date
8 July 2022
Citation
HH 120-23
Neutral Citation
[2023] ZWHH 120
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Property LawInterdicts
Keywords
unlawful occupationland developmentinterim interdict
Tags
Land invasionEvictionInterdict
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is urgent given respondents' alleged long-standing occupation","issue_type":"procedural","dispositive":"no","related_facts":"Respondents claim occupation since 2020; applicant only acted in June 2022"}
- {"issue_text":"Whether applicant has locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant has offer letter but respondents claim only real rights holders can sue"}
- {"issue_text":"Whether applicant is entitled to interim interdict pending final determination","issue_type":"mixed","dispositive":"yes","related_facts":"Unauthorized pegging and trenching disrupting development plans"}
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background
Facts of the Case
Background
The applicant, a property development company, obtained an offer letter from the Ministry of Local Government and Public Works for a 14-hectare property in Saturday Retreat, Waterfalls, Harare for residential development. In June 2022, the respondents invaded the property, began pegging stands and digging trenches without authority, disrupting the applicant's development plans.
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