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Harare High Court

Gilbert Jonga v Nyasha Chabata and The Sheriff of the High Court of Zimbabwe

HH 276-17

Case Details

Court
Harare High Court
Date
3 May 2017
Citation
HH 276-17
Neutral Citation
[2017] ZWHH 276
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Chatukuta J
Full Bench
Chatukuta J
Areas of Law
Property lawCivil procedureAgricultural law
Keywords
Mandament van spolieLeave to executeInterdictState landCommand Agriculture Programme
Tags
SpoliationInterdictExecution pending appealAgricultural land dispute
legislation
Statutes Cited
  • Gazetted Lands (Consequential Provisions) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application complies with r 241 of High Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"Notice of application contents"}
  • {"issue_text":"Whether applicant disclosed material facts","issue_type":"procedural","dispositive":"no","related_facts":"Command Programme variation, ownership of Revielle farm"}
  • {"issue_text":"Whether applicant has locus standi to bring application","issue_type":"procedural","dispositive":"no","related_facts":"Minister's affidavit on lease, previous court decisions"}
  • {"issue_text":"Whether the order sought is competent","issue_type":"procedural","dispositive":"no","related_facts":"Similarity of interim and final relief, executability of interdict"}
  • {"issue_text":"Whether leave to execute should be granted pending appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Prospects of success, irreparable harm, balance of convenience"}
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background
Facts of the Case

Background

The applicant and first respondent are disputing occupation of subdivision 3 of Farm 45, Glendale, State land. After obtaining a mandament van spolie order, the first respondent destroyed the applicant's maize crop. The applicant obtained an interdict preventing interference with his farming operations pending appeal of the spoliation order. This is an application for leave to execute that interdict pending the respondent's appeal.
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