Christopher Harly Brace Macquire and Twairob Investments (Pvt) Limited v Munyaradzi Tichaona and Bernard Mahara Mutanga

HH 258/13

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Case Details

Court

Harare High Court

Date

1 August 2013

Citation

HH 258/13

Neutral Citation

[2013] ZWHH 258

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Property LawSpoliation

Keywords

spoliation orderpeaceful possessionunlawful disturbancemandament van spolie

Key Issues

{"issue_text":"Whether applicants were entitled to spoliation relief","issue_type":"mixed","dispositive":"yes","related_facts":"Peaceful possession since 2009, unlawful disturbance on 23 July 2013"}
{"issue_text":"Whether respondents acted unlawfully in disturbing possession","issue_type":"law","dispositive":"yes","related_facts":"Dumping furniture without court order"}

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background

Facts of the Case

Background

The applicants sought a spoliation order after the respondents unlawfully disturbed their peaceful possession of a house on stand number 19 of Remainder of Gurlyn Barton A farm by dumping household furniture in the verandah. The first applicant and his family had been in undisturbed occupation since 2009.

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