Andrew John Pascoe v Ministry of Lands and Rural Resettlement and W Bungu and The Attorney General N.O.

HH 11-17

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Case Details

Court

Harare High Court

Date

11 January 2017

Citation

HH 11-17

Neutral Citation

[2017] ZWHH 11

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Property LawCivil Procedure

Keywords

SpoliationInterim ReliefLand RightsDue ProcessPossession

Key Issues

{"issue_text":"Was the application defective because the applicant’s legal practitioner certified urgency?","issue_type":"procedural","dispositive":"no","related_facts":"Legal practitioner prepared and signed certificate of urgency"}
{"issue_text":"Was the matter urgent?","issue_type":"procedural","dispositive":"yes","related_facts":"Acts of spoliation on 8–9 December 2016; immediate filing"}
{"issue_text":"Did the second respondent commit spoliation?","issue_type":"mixed","dispositive":"yes","related_facts":"Physical dispossession without consent or due process"}

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Facts of the Case

Background

The applicant, Andrew John Pascoe, was dispossessed of a portion of land (Subdivision 2 of Ivordale) on or about 5 December 2016, after the Ministry of Lands downsized his farm and allocated part of it to the second respondent, W Bungu. The second respondent entered the property, placed belongings there, locked out the applicant’s security manager, and threatened to bring livestock and workers onto the land. The applicant filed an urgent spoliation application on 9 December 2016, seeking restoration of possession.

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