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Harare High Court
Ojei Ventures (Private) Limited and Redeemed House of God v National Railways of Zimbabwe
HH 54-24
Case Details
Court
Harare High Court
Date
2 February 2024
Citation
HH 54-24
Neutral Citation
[2024] ZWHH 54
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Property LawSpoliation
Keywords
spoliation orderforcible evictionpeaceful possessionnotice to vacate
Tags
spoliationevictionlandlord-tenantpeaceful possession
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants were in peaceful and undisturbed possession of the property at the time of dispossession","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants had been in possession for a decade, had established business and church premises"}
- {"issue_text":"Whether the applicants were forcibly or wrongfully deprived of possession without their consent or lawful order","issue_type":"mixed","dispositive":"yes","related_facts":"Eviction occurred on 6 December 2023, no court order obtained, keys allegedly surrendered voluntarily"}
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background
Facts of the Case
Background
The applicants, who had been tenants of Stand 14432 Salisbury Township for at least a decade, sought a spoliation order alleging they were forcibly evicted by the respondent on 6 December 2023 without a court order. The respondent had given three months' notice to vacate on 4 September 2023, claiming it needed the premises for its own use.
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