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Supreme Court

MSWELANGUBO FARM (PRIVATE) LIMITED (2) OBERT MPOFU (3) SIKHANYISIWE MPOFU v KERSHELMAR FARMS (PRIVATE) LIMITED (2) ZEPHANIAH DHLAMINI (3) CHARLES MOYO (4) SIPHOSAMI PATRICK MALUNGA

Judgment No. SC 80/22, Civil Appeal No. SCB 69/21

Case Details

Court
Supreme Court
Date
8 July 2022
Citation
Judgment No. SC 80/22, Civil Appeal No. SCB 69/21
Neutral Citation
[2022] ZWSC 80
Judgment No.
SC 80/22
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GWAUNZA DCJ
Author
MWAYERA JA
Full Bench
GWAUNZA DCJCHITAKUNYE JAMWAYERA JA
Areas of Law
Property LawLand RightsAdministrative Law
Keywords
spoliationoffer letterland reformself-helppossessiondue processgazetted land
Tags
Land ReformSpoliationOffer LetterSelf-Help
legislation
Statutes Cited
  • Gazetted Land (Consequential Provisions) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo erred in granting spoliation relief in favour of the respondents","issue_type":"law","dispositive":"yes","related_facts":"Peaceful possession, wrongful dispossession, offer letter rights, due process"}
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background
Facts of the Case

Background

Land dispute involving farm acquisition under land reform program where offer letter holders took possession without due process, leading to spoliation claim by original occupiers.
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