H.J. Voster (Pvt) Ltd v Save Safaris (Pvt) Ltd

HB 98/19

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Case Details

Court

Bulawayo High Court

Date

13 June 2019

Citation

HB 98/19

Neutral Citation

[2019] ZWHB 98

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Property LawInterdict Law

Keywords

final interdictland ownershiphunting concessionstate acquisition

Key Issues

{"issue_text":"Whether the applicant established a clear right to the land","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's claim of ownership under Deed of Transfer 525/92; State acquisition under caveat 95/94"}
{"issue_text":"Whether irreparable injury has been committed or is reasonably apprehended","issue_type":"law","dispositive":"yes","related_facts":"Applicant's allegation of illegal hunts by respondent"}
{"issue_text":"Whether absence of similar protection by any other remedy has been established","issue_type":"law","dispositive":"yes","related_facts":"No mention of alternative remedies in founding affidavit"}

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background

Facts of the Case

Background

The applicant sought a final interdict to prevent the respondent from conducting hunting activities on Mapari Ranch. The applicant claimed ownership under Deed of Transfer 5251/92 and argued that previous court orders had invalidated the respondent's hunting rights granted by Parks and Wildlife Management Authority. The respondent countered that the land had been acquired by the State.

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