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Supreme Court
Gateway Primary School & 2 Ors v Marinda Fenese & Anor
[2021] ZWSC 63
Case Details
Court
Supreme Court
Date
24 May 2021
Citation
[2021] ZWSC 63
Judgment No.
SC 63/21
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Bhunu JA
Full Bench
Hlatshwayo JAGuvava JABhunu JA
Areas of Law
Property LawSpoliationLease Law
Keywords
spoliation orderprovisional orderpeaceful possessionlease terminationtuckshop
Tags
spoliationlease agreementtuckshopschoolprovisional order
legislation
Statutes Cited
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a spoliation order having the effect of a final order can be sought through a provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent sought provisional spoliation order; High Court granted it"}
- {"issue_text":"Whether the respondent was in peaceful and undisturbed possession of the tuckshop","issue_type":"factual","dispositive":"no","related_facts":"Parties disputed circumstances of tuckshop closure and reopening"}
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background
Facts of the Case
Background
The appellants (school, headmaster and parents association) terminated a lease agreement for a tuckshop operated by the first respondent at Gateway Primary School. The respondent alleged she was unlawfully locked out and sought a provisional spoliation order, which the High Court granted. The Supreme Court found that a spoliation order cannot be granted provisionally.
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