Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Bulawayo High Court
Kershelmar Farms (Pvt) Ltd and 3 Others v Mswelangubo Farms (Pvt) Ltd and 2 Others
HB 39/22
Case Details
Court
Bulawayo High Court
Date
10 February 2022
Citation
HB 39/22
Neutral Citation
[2022] ZWHB 39
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Kabasa J
Full Bench
Kabasa J
Areas of Law
Property lawCivil procedureAgricultural law
Keywords
Spoliation orderExecution pending appealUrgencyForm 23 vs Form 25Esidakeni FarmOffer letter
Tags
SpoliationUrgent applicationExecution pending appealAgricultural land
legislation
Statutes Cited
- Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for execution pending appeal was urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Occupation since December 2021; claim of crops needing attention; February 2022 application"}
- {"issue_text":"Whether Form 25 instead of Form 23 rendered the application defective","issue_type":"procedural","dispositive":"no","related_facts":"Urgent chamber application using Form 25"}
- {"issue_text":"Whether absence of supporting affidavit from 3rd applicant was fatal","issue_type":"procedural","dispositive":"no","related_facts":"3rd applicant failed to file supporting affidavit"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The applicants obtained a spoliation order against the respondents who had occupied 145 hectares at Esidakeni Farm based on an offer letter without following due process. The respondents appealed to the Supreme Court, suspending the eviction order. The applicants then brought an urgent application for leave to execute pending appeal, claiming their crops required urgent attention.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →
Legal Intelligence
for Africa.
for Africa.
Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.