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Harare High Court
Eddies Pfugari Properties (Pvt) Ltd v Officer in Charge, Dzivarasekwa Police Station and 2 Ors
HH 401-17
Case Details
Court
Harare High Court
Date
27 June 2017
Citation
HH 401-17
Neutral Citation
[2017] ZWHH 401
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Property LawConstitutional LawAdministrative Law
Keywords
EjectmentPolice assistanceIllegal settlersProperty rightsWrit enforcement
Tags
Property rightsEvictionPolice assistanceWrit of ejectment
legislation
Statutes Cited
- Police Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should order police to assist Sheriff in enforcing writ of ejectment","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's ownership rights, police constitutional mandate, violence concerns"}
- {"issue_text":"Whether illegal settlers have rights under s 74 of Constitution against arbitrary eviction","issue_type":"constitutional","dispositive":"no","related_facts":"Settlers' occupation status, existence of court order"}
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background
Facts of the Case
Background
The applicant, owner of Remainder of Whitecliff property, obtained a Supreme Court order (SC 45/12) confirming its ownership and ordering eviction of illegal settlers. The Sheriff requested police assistance to enforce the writ, but the police respondents failed to provide adequate support, citing various excuses and concerns about violence and lack of information about affected parties.
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