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Harare High Court
M & W Motors (Pvt) Ltd and Sydney Tenganiso and Siminy Eni Sibindi v Owen Mudha Ncube and Tapiva Muganhu and The Sheriff of Zimbabwe
HH 503-17
Case Details
Court
Harare High Court
Date
2 August 2017
Citation
HH 503-17
Neutral Citation
[2017] ZWHH 503
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Property LawSpoliation
Keywords
spoliationevictioninterdictpossessionrestoration
Tags
spoliationevictioninterdictpossession
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent should be held liable for the spoliation committed by the second respondent","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent denies involvement; no evidence of authorization; second respondent allegedly employee"}
- {"issue_text":"Whether the second respondent should pay costs on attorney and client scale","issue_type":"procedural","dispositive":"no","related_facts":"Second respondent defaulted; did not oppose application"}
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background
Facts of the Case
Background
The applicants sought confirmation of a provisional order interdicting respondents from interfering with their occupation of Stand 1244/1209 No. 1 Harare Road, Kwekwe. The first applicant is the registered owner of the property, while the second and third applicants were lessees. The second respondent, allegedly acting with others including the first respondent's aides, forcibly evicted the applicants and took occupation of the property.
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