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Harare High Court
Blesan Systems (Private) Limited t/a Avery Sports Bar v Cleopas Mabhena and Gabriel Real Estate
HH 646-22
Case Details
Court
Harare High Court
Date
22 September 2022
Citation
HH 646-22
Neutral Citation
[2022] ZWHH 646
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Property LawCommercial Law
Keywords
spoliation orderpeaceful possessionforcible dispossessionlease dispute
Tags
spoliationlease agreementcommercial propertyurgent application
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant was in peaceful and undisturbed possession of the property on 1 August 2022","issue_type":"fact","dispositive":"yes","related_facts":"Applicant's claim of undisturbed possession; respondents' denial"}
- {"issue_text":"Whether respondent deprived applicant of possession forcibly or wrongfully against consent","issue_type":"fact","dispositive":"yes","related_facts":"Allegation of broken locks and chased guard; respondents' denial"}
- {"issue_text":"Whether applicant discharged the onus of proving the requirements for spoliation","issue_type":"law","dispositive":"yes","related_facts":"Evidence presented by both parties"}
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background
Facts of the Case
Background
The applicant failed to prove peaceful and undisturbed possession of shop 5 on 1 August 2022 or that respondents forcibly deprived them of possession, as required for a spoliation order.
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