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Harare High Court
Marylou Palalpac Morten (Nee Dacanay) v Marlene Denise Kemi Morten and Tony Young and Dandaro Home Owners Association
HH 51-2011
Case Details
Court
Harare High Court
Date
15 February 2011
Citation
HH 51-2011
Neutral Citation
[2011] ZWHH 51
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mawadze J
Full Bench
Mawadze J
Areas of Law
Property LawSpoliationDeceased EstatesFamily Law
Keywords
spoliationmandamentum van spolieeviction without court ordersurviving spouse rightsDandaro VillageFlat 112
Tags
spoliationevictiondeceased estatesurviving spouseself-help
legislation
Statutes Cited
- Deceased Persons Family Maintenance Act
- Deceased Persons Family Maintenance Act
- High Court Rules
- Deeds Registry Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondents committed unlawful spoliation by evicting applicant without court order","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's possession; eviction without consent; no court order"}
- {"issue_text":"Whether principle of res judicata applies given previous judgment HC 9293/10","issue_type":"procedural","dispositive":"no","related_facts":"Previous urgent application; same parties; same property"}
- {"issue_text":"Whether applicant's right under Deceased Persons Family Maintenance Act overrides respondents' actions","issue_type":"law","dispositive":"no","related_facts":"Applicant is surviving spouse; occupied property before death"}
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background
Facts of the Case
Background
The applicant, surviving spouse of late Baker Eddy Morten, was unlawfully evicted from Flat 112 Dandaro Village by the respondents without a court order. She sought spoliation remedy to restore her possession.
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